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CH. 5_ Civil procedure Questions &Exam (elaborations) answers 100% satisfaction guarantee

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  • August 11, 2024
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  • 2024/2025
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  • Questions & answers

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STUVIA 2024/2025
CH. 5: Civil procedure
- Triggering event
- Exploratory conversations
- Settlement discussions begin
- Pleadings, discovery, and motions (summons and complaint)
- Motion to dismiss (answer and reply)
- Motion for summary judgement
- Pretrial conference
-Trial
- Judgement - ✔✔What are the proceedings pre-trial in a civil lawsuit?

1. Hourly basis is the most popular (billable hours and this includes paralegal's work)

2. Contingent fee agreement: Attorney takes portion of the relief/reward from the client

3. Retainer use is the attorney asking the client for a deposit. This is going to be deposited into the
client trust account - ✔✔Types of attorney fees

a court order requiring appearance and/or testimony as a witness. - ✔✔subpoena
%


a court order to produce documents or records as a witness. - ✔✔subpoena duces tecum

A lot of the times an answer is given, it is a document from the defendant's part in which they respond
to the claims in the complaint made by the plaintiff. There is a certain date that this needs to be
turned by or otherwise the court will default it. - ✔✔What is an answer?

A method by which the opposing parties obtain information from each other to prepare for trial. Each
party learns more about the case and use tools of discovery to find/discover information. - ✔✔What
is discovery?

A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a
judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury
could reach the verdict that the jury reached in the particular case. Thus, a judge must conclude that
the jury did not follow proper instructions and ruled for the opposing party based on legally insufficient
evidence. - ✔✔What is a motion for judgement notwithstanding the verdict?

a notice requiring the defendant to appear in court and answer to the complaint within 20-45 days. -
✔✔What is a writ of summons?



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