MANGMT 3540 1stEdition Lecture 3 Outline of Current Lecture I First Stage of a Lawsuit Pleadings Current Lecture II First Stage of a Lawsuit Pleadings A Complaint Missouri Petition 1 Initiates the lawsuit attempts to state one or more causes of action valid claims 2 Served with a summons requiring an answer to be filed with the court by a certain time or an appearance in court on a certain date e g small claims court B Responsive Motion or Answer 1 Failure to file an appropriate response can result in a default judgment which means the defendant loses the case without a trial 2 A counterclaim cause of action against the plaintiff by the defendant may be included with answer III Second Stage of a Lawsuit Discovery A Defined The process of gathering information from parties or nonparties prior to trial B Four Major Types of Discovery 1 Interrogatories written questions sent to a party which must be answered in writing and under oath 2 Request for Admissions Written statements sent to a party which must be admitted or denied 3 Request for Production A written request sent to a party requiring the delivery of documents or objects at a specified place and time 4 Depositions An in person oral examination questioning of a party or a nonparty witness under oath IV Third Stage of a Lawsuit Pre trial Motions A Defined motions filed in the case prior to time trial begins filed by movant B Two Significant Pre trial motions 1 Motion to dismiss a A motion request to the court typically filed by the defendant asking the court to throw out the petition b Examples Failure to state a cause of action lck of jurisdiction or standing V VI VII Fourth Stage of a Lawsuit Trial Six Phases A Voir Dire Jury Selection 1 Voir Dire means to tell the truth 2 The potential jurors are questioned under oath about bias or prejudice against or in favor of one of the parties B Opening Statement a statement of the evidence the parties intend to present at trial 1 Trial motions filed in court during the trial 2 The person who files a motion is called the movant 3 Examples a Motion for mistrial requires a court to find where there was an event or an error which makes a fair trial or decision impossible b Motion for directed verdict requires a court to find that the plaintiff did not present evidence necessary to support a cause of action C Plaintiff s Case 1 Direct Examination questions by the party who calls the witness 2 Cross examination question by the other party 3 Redirect Examination new questions to a party s witness to eliminate damage or confusion to the case caused by cross examination D Defendant s Case Direct cross and redirect examination E Rebuttal by Plaintiff calling new witness to contradict the evidence produced by the defendant F Closing Arguments also called summation the opportunity of the parties attorneys to summarize their case and all the inferences of the evidence and make a logical or emotional argument to the jury Post trial Motions A Defined Motions filed after trial seeking to change the result B Two Significant Post trial Motions 1 Motion for New Trial a request that the court throw out the decision and grant the movant a new trial 2 Motion for Judgment N O V notwithstanding the verdict request that the court throw out the judgment because based upon the evidence the jury s decision was legally invalid in that the plaintiff failed to produce evidence necessary to support the verdict Appeal A Defined a request by an aggrieved party loser to an appellate court to change a trial court s decision B Five Phases of Appeal 1 2 3 C Notice of Appeal timely filed initiates the appeal Trial record Filed Parties Brief Issues a Appellant s brief b Respondent s appellee s brief 4 Oral argument 5 Decision Possible decisions 1 Affirm let the decision stand 2 Reverse throw out the decision or enter an opposite decision 3 Remand send the case back to the trial court 4 Combination of the first three