I. First Stage of a Lawsuit: PleadingsII. First Stage of a Lawsuit: PleadingsA. 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 Answer1. 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 answerIII. Second Stage of a Lawsuit: DiscoveryA. Defined: The process of gathering information from parties or non-parties prior to trialB. Four Major Types of Discovery1. Interrogatories- written questions sent to a party which must be answered in writing and under oath2. Request for Admissions- Written statements sent to a party which must be admitted or denied3. Request for Production- A written request sent to a party requiring the delivery of documents or objects at a specified place and time4. Depositions- An in-person oral examination (questioning) of a party or a nonparty witness under oathIV. Third Stage of a Lawsuit: Pre-trial MotionsA. Defined: motions filed in the case prior to time trial begins (filed by movant)B. Two Significant Pre-trial motions1. Motion to dismissa) A motion (request to the court) typically filed by the defendant asking the court to throw out the petitionb) Examples: Failure to state a cause of action; lck of jurisdiction or standingV. Fourth Stage of a Lawsuit: Trial- Six PhasesA. 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 partiesB. Opening Statement: a statement of the evidence the parties intend to present at trial1. Trial motions- filed in court during the trial2. The person who files a motion is called the movant3. 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 impossibleb) Motion for directed verdict: requires a court to find that the plaintiff did not present evidence necessary to support a cause of actionC. Plaintiff’s Case1. Direct Examination: questions by the party who calls the witness2. Cross-examination: question by the other party3. Redirect Examination: new questions to a party’s witness to eliminate damage or confusion to the case caused by cross examinationD. Defendant’s Case: Direct, cross and redirect examinationE. Rebuttal by Plaintiff: calling new witness to contradict the evidence produced by the defendantF. 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.VI. Post-trial MotionsA. Defined: Motions filed after trial, seeking to change the resultB. 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 trial2. 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.VII. AppealA. Defined: a request by an aggrieved party (loser) to an appellate court to change a trial court’s decisionB. Five Phases of Appeal1. Notice of Appeal, timely filed, initiates the appeal2. Trial record Filed3. Parties Brief Issuesa) Appellant’s briefb) Respondent’s (appellee’s brief)4. Oral argument5. DecisionC. Possible decisions1. Affirm- let the decision stand2. Reverse – throw out the decision or enter an opposite decision3. Remand- send the case back to the trial court4. Combination of the first threeMANGMT 3540 1stEdition Lecture 3 Outline of Current Lecture I. First Stage of a Lawsuit: PleadingsCurrent Lecture II. First Stage of a Lawsuit: PleadingsA. 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 Answer1. 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 answerIII. Second Stage of a Lawsuit: DiscoveryA. Defined: The process of gathering information from parties or non-parties prior to trialB. Four Major Types of Discovery1. Interrogatories- written questions sent to a party which must be answered in writing and under oath2. Request for Admissions- Written statements sent to a party which must be admitted or denied3. Request for Production- A written request sent to a party requiring the delivery of documents or objects at a specified place and time4. Depositions- An in-person oral examination (questioning) of a party or a nonparty witness under oathIV. Third Stage of a Lawsuit: Pre-trial MotionsA. Defined: motions filed in the case prior to time trial begins (filed by movant)B. Two Significant Pre-trial motions1. Motion to dismissa) A motion (request to the court) typically filed by the defendant asking the court to throw out the petitionb) Examples: Failure to state a cause of action; lck of jurisdiction or standingV. Fourth Stage of a Lawsuit: Trial- Six PhasesA. 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 partiesB. Opening Statement: a statement of the evidence the parties intend to present at trial1. Trial motions- filed in court during the trial2. The person who files a motion is called the movant3. 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 impossibleb) Motion for directed verdict: requires a court to find that the plaintiff did not present evidence necessary to support a cause of actionC. Plaintiff’s Case1. Direct Examination: questions by the party who calls the witness2. Cross-examination: question by the other party3. Redirect