I skipped this in class today to save time, but I wanted to place it here. This reflects the basic structure of litigation and thus the basic structure of this class. Our focus will be on ## 1-4 (collectively referred to as the "Pretrial Process" and a little bit on # 8.
1)
Pleadings: Papers filed to initiate and move the case forward. We began this on Friday and it will take up about the first 6 weeks of the class.
2) Discovery: This is the voluntary exchange of evidence and information. It comes after the pleading process is complete and sets up either dispositive motions or trial.
3) Motion Practice: The filing of motions, particularly "dispositive motions" that will end the case without trial. There are 3 basic points in time for dispositive motions.
4) Settlement & Other Resolution: Most cases settle or are resolved without a judicial decision.
5) Trial: To resolve factual disputes before the factfinder (usually but not always the jury). Less than 3 % of federal cases go to trial.
6) Judgment: Under FRCP 58, the court files a paper labeled a "Judgment" that brings the case to an end. That judgment comes regardless of how the case was decided--some motion or at trial.
7) Appeal: Subject to the Final Judgment and some limited exceptions that will not apply to much of what we do in this class.
8) Finality: The trial and appellate process has been exhausted or completed. The litigation is final and cannot be revisited--we expect the parties to get on with their lives and abide by the result in court. Plaintiff must file a separate litigation to collect on a monetary judgment (this is what is going on with Rudy Giuliani and may see him held in contempt of court). A judgment in an equity action (e.g., an injunction) is subject to ongoing judicial oversight and enforcement. FRCP 60(b) provides limited circumstances for reopening a judgment. Most importantly, res judicata or preclusion kicks in--the parties may not relitigate in other cases what already was litigated and resolved in this case.
Again, our focus will be ## 1-4 and a little bit about # 8. You can see that the syllabus follows this basic flow.
