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    Civil Case Flowchart

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    scribd6099
    The document outlines the typical process and procedures for a civil lawsuit in federal court, including filing a complaint to begin the lawsuit, responding to the complaint through an answer or default, engaging in discovery processes before trial, holding pretrial conferences and motions that could resolve the case, and the potential for trial, judgment, and appeal if the case is not otherwise resolved. Key events include the complaint initiating the lawsuit, the defendant's answer responding to the complaint, pretrial conferences to plan discovery and the trial schedule, potential dispositive motions that could end the case without trial, and the trial, judgment, and appeal if the case proceeds through all stages.

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    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd

    Civil Case Flowchart

    Uploaded by

    scribd6099
    2K views1 page
    The document outlines the typical process and procedures for a civil lawsuit in federal court, including filing a complaint to begin the lawsuit, responding to the complaint through an answer or default, engaging in discovery processes before trial, holding pretrial conferences and motions that could resolve the case, and the potential for trial, judgment, and appeal if the case is not otherwise resolved. Key events include the complaint initiating the lawsuit, the defendant's answer responding to the complaint, pretrial conferences to plan discovery and the trial schedule, potential dispositive motions that could end the case without trial, and the trial, judgment, and appeal if the case proceeds through all stages.

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    Civil Case Flowchart

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    The document outlines the typical process and procedures for a civil lawsuit in federal court, including filing a complaint to begin the lawsuit, responding to the complaint through an answer or default, engaging in discovery processes before trial, holding pretrial conferences and motions that could resolve the case, and the potential for trial, judgment, and appeal if the case is not otherwise resolved. Key events include the complaint initiating the lawsuit, the defendant's answer responding to the complaint, pretrial conferences to plan discovery and the trial schedule, potential dispositive motions that could end the case without trial, and the trial, judgment, and appeal if the case proceeds through all stages.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views1 page

    Civil Case Flowchart

    Uploaded by

    scribd6099
    The document outlines the typical process and procedures for a civil lawsuit in federal court, including filing a complaint to begin the lawsuit, responding to the complaint through an answer or default, engaging in discovery processes before trial, holding pretrial conferences and motions that could resolve the case, and the potential for trial, judgment, and appeal if the case is not otherwise resolved. Key events include the complaint initiating the lawsuit, the defendant's answer responding to the complaint, pretrial conferences to plan discovery and the trial schedule, potential dispositive motions that could end the case without trial, and the trial, judgment, and appeal if the case proceeds through all stages.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    COMPLAINT The written document that begins a lawsuit in which the plaintiff sets out claims against the

    defendant(s). The complaint is filed with the clerk of the court.

    PAY COURT FEE When the complaint is filed, the plaintiff pays the statutory filing fee. SERVICE OF PROCESS The complaint is delivered to the defendants as notification that an action has been filed against them.

    MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES Ask the court allow the plaintiff to file the case without prepaying the court fees.

    MOTION DENIED The plaintiff must pay the court fees in order for the case to proceed.

    MOTION GRANTED The clerk will prepare and serve the summons.

    REFERRAL TO MAGISTRATE JUDGE A U.S. Magistrate Judge handles pretrial motions and hearings and enters scheduling orders. The Magistrate Judge may preside over a civil trial if the parties consent. Otherwise, the matter will be turned over to a U.S. District Judge for trial.

    ANSWER The defendants response to the complaint. Under federal rules, most defendants have 20 days to file an answer after being served with the complaint. The U.S. Government has 60 days to respond to cases against it.

    DEFAULT Where a party fails to answer or otherwise respond to the complaint, the clerk of court may enter a default upon the motion of another party.

    DEFAULT JUDGMENT If the defaulting party fails to cure the default after proper notice, a judgment may be entered awarding a plaintiff the relief sought in the complaint.

    SCHEDULING CONFERENCE AND SCHEDULING ORDER After the answer is filed, the Magistrate Judge holds a conference to identify the issues, set a schedule for discovery, record any agreements by the parties, and consider other matters as needed to promote the just and speedy resolution of the lawsuit. The magistrate judge then enters a scheduling order detailing the action at the conference and setting out the procedures for discovery and trial.

    DISCOVERY Before trial, the parties develop evidence for trial by methods including depositions, written interrogatories, requests for production, inspections, and requests for admissions. MOTIONS Parties may file motions regarding discovery and other issues within time limits set out in the Scheduling Order.

    FINAL PRETRIAL CONFERENCE Following discovery, the magistrate judge conducts a conference with the parties to discuss the issues for trial, the evidence that will be used at trial, and the possibility of settlement.

    DISPOSITIVE MOTIONS After the period for discovery, it may appear that the facts of the case are not disputed, and one or more parties may file a motion for summary judgment. The judge will determine whether there are material disputed issues of fact and rule on the motion. If such a motion is granted on all claims, no trial is needed, and the lawsuit will be resolved by that motion; in some cases, the motion may be decided in part, and only certain issues will remain for trial.

    TRIAL A trial allows the parties to formally present their case in open court by offering testimony and evidence in support of their positions and by making oral argument. The parties have a right to a trial by jury in a civil action, and the jury ordinarily must reach a unanimous verdict.

    JUDGMENT After a verdict, the court enters a judgment on its docket which states the result of the proceeding and clearly identifies the specific relief to which the prevailing parties are entitled.

    NOTICE OF APPEAL A dissatisfied party may appeal the judgment by filing a notice of appeal with the clerk of the district court. The notice of appeal ordinarily must be filed within 30 days after the judgment. If the United States or its officer or agency is a party, the notice of appeal must be filed within 60 days after the judgment.

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