Client interview

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ID parties & Claims on same facts (Chart
- who for what - be creative)
Entire Controversy Doctrine 4:30A
Consider SoL
Ask and warn about possible countersuits

Craft Complaint 4:5

Want a jury? - 4:35-1

Case Information Statement 4:5-1(b)(1)
Other actions or potentially liable people 4:5-1(b)(2)
Certification 4:5-1(b)(3)
Designation of Trial Counsel 4:5-1(c)
What relief? 4:5-2
Be concise and direct 4:5-7
Special Matters (ex: Fraud) 4:5-8

Form of motions 1:6-2(a)

Motions 1:6-3 = 16-8-4
(note: double check for exceptions)
SJ 4:46-1 = 28-10-4
Appeals from Interlocutory: to AC
2:2-4 to SC 2:2-2

Discovery
Methods and how many can do4:10-1
Rogs 4:17-1
Note: Property damage and certain personal liabilty
cases req Uniform Rogs in Appx II - auto served
4:17-1(b)(1) & (2)
Initial Rogs must be served w/i 40 days of service of
answer 4:17-2
Rogs must be answered w/i 60 days 4:17-4
Objections to Rogs 4:17-5
Doc Request 4:18-1
respond w/i 35 days (except for when D is served
Req w/ Compl and Sum, the 50 days) 4:18-1b)(2)
Mental/Physical Examinations 4:19
Have to wait 45 days to schedule
Depos 4:14-1
10 day notice 4:14-2
No objections 4:14-3
Terminate or leave 4:14-4
Subponea to force depo 4:14-7
Request for Admissions 4:22-1
Answer within 30 days (except for when D is served
Req w/ Compl and Sum, the 45 days)
End of discovery 4:24-1

File With Court

Track list 4:24-1
Get a track 4:5(a)(1)
Change a track
4:5(a)(2)
Bring Check
Civil Docket 4:100

Answer
Answer must be served w/i 35 days 4:6-1
Time to answer may be extended by consent (no
more than 60 days) 4:6-1(c)
Admit/Deny/Not Enough 4:5-3
Failure to Deny 5:5-5
Affirmative defenses (LOOK @ RULE) 4:6-3
CAN'T ANSWER b/c need more definite
statement/dismiss 4:6-4
Add counter claims 4:7
Add parties 4:8

No Answer

Serve Process 1:5-1; 2; 3; 4

Serve Compl and Summons 4:4-4
Must serve w/i 15 days of track receipt
4:4-1
Who may serve 4:4-3
Answer must be served w/i 35 days 4:6-1
Time to answer may be extended by
consent (no more than 60 days) 4:6-1(c)

Pre-Trial 4:25
Pre-trial memos combined into 1 memo,
include: ALL legal issues, witnesses/experts,
facts, items of doc and tangible evidence,
passages from Rogs to be used, application to
suppress evidence or other motions 4:251(b)(1-4)
MUST INCLUDE EVERYTHING b/c if not
in final memo not allowed.
Designation of trial counsel 4:25-4
Exchange of information 4:25-7(b)
o If no pretrial attorneys must swap info at
least 7 days before initial trial date
UNLESS they waive under (d)
Continued obligation to report all info
discovered during course of trial 4:25-7(c)
Motions in liminem (at the threshold)
anything that goes to conduct o the trial

Default Judgment 4:43-1

- Request and affidavit must
be filed w/I 6 months
- Must serve
- Challenger must show
good cause

Final Judgment by Default 4:43-2

- Final judgment must be same as
pleading (c)
- Must serve w/i 7 days (c)
- Must apply w/I 4 months of default
(d)

Trial
Examination of jurors 1:8-3
Opening and closing statement 1:7-1 (PD;DP; Instr
1:8-8 Delib
Objections 1:7-2
Motion for judgment 4:40-1
Special Verdict (must submit b4 trial) 4:39-1
Verdict with Rogs 4:39-2
# of jurors needed for verdict (5/6 Rules) 1:8-2
Jury request 4:35-1
o If jury requested, can change last minute IF
everyone agrees (withdrawal of demand) 4:35-1(d)
Judge trial rules 1:7
Examination/Voir dire (always write out, even
though judge wont use so you have them for appeal
1:8-3(f)) 1:8-3(g)(3)

Appeal
Ct of review no new evid/info 2:10-1
Appellate appeal 2:2-3
SC appeal 2:2-1
Time to appeal = 45 days 2:4-1
Time for cross appeals 2:4-2
Tolling time 2:4-3
How to appeal 2:5
Appellate appendices, briefs, and transcripts 2:6
Appeals by indigent ppls 2:7
Appellate motions, dismissals, summary
dispositions 2-8
Can extend time for appeals if everyone agrees
2:9-2
Stay of execution of judgment ONLY if post
security (ex: supersedeas bond) or cash 2:9-5 &6
Temp relief 2:9-7 & 8
Sanctions 2:9-9
Argument, determinations, opinions 2:11-1, 2, 3
Certification to Supreme Ct 2:12
Judgment 4:42

Motion for judgment 4:40-1

Entry of judgment 4:47
3 motions to make if you lose NOV (4:40-2); New Trial (4:49-1);
Alter Judgment (4:49-2; see also, pg. 1888).
- New trial w/i 20 days 4:49-1
- Judgment NOV 4:40-2
o Ct may reserve decision on a motion for judgment made at close of all
evid and then decide before jury verdict or w/I 10 days after 4:40-2(a)
o If denied motion for new trial (4:49-1) w/I 20 days of verdict or
jurys dismissal 4:40-2(b)
- Specific or General verdict 4:39 -1 & 2
- Civil Judgment and Order Docket 4:101
- Stay of proceedings 2:9-5
- Defaulting party can challenge final judgment 6 excuses 4:50-1
o Must be made w/i reasonable time; if using a, b, or c w/i 1 year 4:50-2

Collections
- Usually comes from default judgment b/c either (1) still ignoring
you or (2) if there is an answer, there is probably a settlement
- Note: even when you win, youll probably settle so that you can
actually collect money.
- Judgment doesnt give you priority to collect if loser claims
bankruptcy
- If you win:
- Step 1: Docket the judgment 4:101
o Check with order of judgment to clerk then they will put
judgment into docket book
o Enters a lien on all real assets of judgment debtor that way
you can collect b/c they cant sell with lien
- Step 2: Writ of execution 4:59-1
o Present judgment to ct & ask for write
o Give to sheriff w/ instructions
o Called levying which gives priority
- Supplemental proceedings (SubPro) - discovery after you win
so you can find assets 6:7-1 & 2
- Information subpoena ask them to list assets 6:7-2(b)
o Cant execute on real property unless they dont have personal
property, so if they say that they have nothing in Info Subp
then you take their house