following the suit being filed, what step does rod need to do next? course hero

What is a motion to dismiss?

When a defendant files a motion to dismiss, he asks the Court to throw out all or part of the plaintiff’s case. Here are the typical steps involved: First, the party filing the motion (you can call the party filing the motion the “moving party”), will submit his moving papers, which include a memorandum of law explaining to ...

Can a motion to dismiss be stayed?

In some state courts, such as in New York, discovery might be automatically stayed pending a decision on the motion to dismiss. In other states, discovery will continue.

What is the first step in the criminal process?

Step 1: Arrest . An arrest is the initial stage in the criminal process in which an individual accused of a crime is taken into custody. If the police officer has actually witnessed the crime or if he or she has been called to the scene and determines that probable cause exists to make an arrest, the officer may take the individual into custody.

When is a defendant released on his own recognizance?

In some cases, particularly when the alleged criminal activity is minor , the defendant may be released on his or her own recognizance. With more serious crimes, the court sets the amount of bail required to release the defendant. Step 4: Pretrial Proceedings.

What is the second step in a criminal case?

Step 2: Charges. Following the arrest, the individual accused of the crime is held and, if not already completed, law enforcement officials compile a written report detailing the alleged offense. The report generally contains: General information about the circumstances that led to the alleged crime, Detailed information about the crime itself, and.

What happens before a criminal trial?

Before any actual criminal trial, the criminal process provides for a period of time during which the prosecutor and defendant - through the defendant's attorney—exchange information about the charges and alleged facts of the case.

What happens when a jury finds a defendant guilty?

If there are multiple charges, it must render a verdict on each charge. If the jury finds the defendant guilty, the judge must impose some sort of appropriate punishment.

What happens during arraignment?

During the arraignment, the charges against the defendant are read to the defendant. The court advises the defendant of his or her right to counsel and the right to remain silent during the process. The defendant is asked to enter a plea of guilty, not guilty or no contest.

What happens after a jury is selected?

After the jury is selected, each side offers an opening statement. Generally the prosecution goes first. The prosecutor gives a relatively brief overview of the crime – a general view of the evidence that should convince the jury that the defendant is guilty. The defense then offers its opposing view of the case.

How does a lawsuit start?

A lawsuit begins when the plaintiff goes to court and files a complaint against the defendant, and the complaint along with a summons is served on the defendant. The complaint explains why the plaintiff is suing the defendant and sets out the remedy (i.e. money damages, the return of certain property, or an injunction to stop ...

How does discovery work in a lawsuit?

After a lawsuit is filed, both parties can use the discovery process to gather information about the case. A variety of tools they can be used to investigate the facts and the other side's position, including: 1 Interrogatories (written questions that must be answered under oath, sent from one party to another). 2 Deposition (an in-person, out-of-court session where a party or a witness answers questions, also under oath, and the entire proceedings are recorded in a transcript). 3 Requests for Production (usually this involves the parties asking for and exchanging documents that are relevant to the dispute).

What do you need to know about civil court?

Here's what you need to know as your case winds its way through the civil court system. There are countless ways you could find yourself in court, either filing (or facing) a civil lawsuit. Maybe you've been injured in a car accident, or perhaps someone is claiming you owe them money. Regardless of how you got to civil court, ...

What can both parties use to gather information?

After a lawsuit is filed, both parties can use the discovery process to gather information about the case. A variety of tools they can be used to investigate the facts and the other side's position, including:

What happens if a plaintiff and defendant can't settle a lawsuit?

If the plaintiff and defendant can't reach a settlement, the lawsuit will proceed to trial, usually to be held before (and to be decided by) a jury, but sometimes before a single judge (this is called a "bench trial").

Why do jurors deliberate?

The jury holds deliberates in an effort to reach a verdict. Unlike a criminal trial, where the jury must reach a unanimous decision in order to convict a defendant, the jury in a civil trial often need not decide en masse to find in favor of one side or the other.

What is cross-examination in court?

Each side presents their evidence, and calls witnesses to testify. The plaintiff goes first. Each side also has the opportunity to question witnesses called by the other side (this is called "cross-examination"). Once all the testimony and evidence has been offered, each side will make a closing argument.

What factors determine the proper court?

Assuming your case doesn't fall into a specialized category, other factors that determine the proper court are the amount which is in dispute and the type of remedy that you request.

What is the structure of the state courts?

The general structure of most state courts, from the highest appellate level to the lowest trial level, is as follows: Trial courts--divided into two types, limited jurisdiction and general jurisdiction, see below. Municipal or local courts which hear minor infraction-type cases, and cases involving only claims for money below a certain amount ...

What are the two types of courts?

Most state courts are set up with two sets of trial courts--courts of limited jurisdiction (probate, family, traffic, etc.) and courts of general jurisdiction (main trial-level cases). You will first have to determine whether your state has specialized courts that handle specific subject matter.

What is limited jurisdiction?

Courts of Limited Jurisdiction. Trial courts of limited jurisdictions are courts that hear only specific types of cases. In these courts, a single judge presides and adjudicates the entire issue. Some examples of courts of limited jurisdiction are: probate court--handles the estate administration for deceased persons.

What is a family court?

family court--handles divorce, child support, child custody, adoptions, etc. juvenile court--hears cases involving delinquent minors. traffic court--generally for minor traffic violations. small claims court--technically these are courts of limited jurisdictions, though some people consider it a separate, lower tier of the court system. ...

What is probate court?

probate court--handles the estate administration for deceased persons. If the deceased had a will the court will make sure it is executed properly, and if the person died intestate (without a will) the court will distribute the estate according to the law. family court--handles divorce, child support, child custody, adoptions, etc.

Who Is Involved in A Lawsuit?

• The person who starts a lawsuit is called the plaintiff. The person who has been sued in the lawsuit is called the defendant. Learn more about the Parties in a Civil Lawsuit.

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Complaint and Summons

Defendant's Answer

Discovery

Motions

Trial

Judgment

Small Claims Courts

Subject Matter

• Most state courts are set up with two sets of trial courts--courts of limited jurisdiction (probate, family, traffic, etc.) and courts of general jurisdiction (main trial-level cases). You will first have to determine whether your state has specialized courts that handle specific subject matter. Find information on your state's court system here or visit www.ncsc.org.

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Courts of Limited Jurisdiction

Courts of General Jurisdiction

Venue

Remedies