Law1

Anatomy of a Case

  • Client Interview

    Client Interview
    Paralegal may be tasked to collect all the information from the client at the first client interview. This is a time to build trust with a client and to inform them about confidentiality.
  • Investigation

    Investigation plan The investigation phase is also a phase where paralegals are often involved. An investigation plan must be developed. The investigation plan will help get information necessary to make a decision to take a case or to draft a complaint.
  • Pleadings

    What is a complaint? During the pleading phase, a complaint is filed. The defendant then must either answer, object or do nothing. If he does nothing, a default judgment will be entered. If he files an answer, the plaintiff must answer any new claims the defendant makes. If he objects, the court will hear the objections.
  • Motions

    Motions
    Motions can either be filed with objections to the complaint or filed for a dismissal of the complaint. Motions can be filed during the pleadings stage or after the pleadings stage is complete. They can also be filed after discovery or during trial. Motions are a way of letting the court know that there is a preliminary problem that needs to be resolved before things can continue.
  • Discovery

    discovery Five types of discovery: Interrogatories, Depositions, motion to produce documents, Motion for physical or mental examination and request for admissions.
  • Pretrial Conference

    Pretrial Conference
    Pretrial conference is scheduled by the Judge as a time for attorneys and the Judge to meet to show what is expected for trial. Unllike, what you see on TV there are not supposed to be any surprises. A trial is very orchestrated as to what evidence and testimony is going to be provided.
  • Jury Selection

    Voir Dire Voir Dire is the selection process of jurors. There are two ways that an attorney can strike a juror and the rules govern how many of each type an attorney has in their control. The first way is a preemptory challenge which a removal of a juror without having to give a reason. The second is a challenge for cause where you need to give the reason for why you are requesting removal.
  • Trial

    Trial
    In a trial, both sides present their case. Plaintiff will go first and will call their witnesses one by one. Each will go through direct examination as well as cross-examination. Each side does an opening and a closing.
  • Post Trial Motions or Procedures

    Post Trial Motions or Procedures
    After the trial, motions can be filed if there were errors with the trial or with the jury. The other option is to file an appeal to the superior court. If you do not like the decision of the superior court, you can appeal to the supreme court.