MC 401 Lecture Notes - Lecture 4: Summary Judgment, W. M. Keck Observatory, Interrogatories
22 Sep 2017
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Parties can reach a settlement before a suit is ever filed. Parties can also settle any time up until the case is decided. Filed with appropriate trial court (federal or state) Complaint contains numbered paragraphs discussing parties to the case, the facts of the case, and legal theories justifying recovery. Petition must be served on the defendant(s), usually personally. If defendants don"t respond to the petition, a default judgment is made on their behalf. Defendant hires a lawyer, who prepares an answer to the petition. Similarly numbered paragraphs may admit or deny the. Defendant will also list affirmative defenses - even if they everything the plaintiff says is true, the defense may ultimately carry the day. Parties meet with judge in chambers to plan the schedule for the rest of the lawsuit. Each side learns about the other sides" case through such techniques as: Defendant/plaintiff is asked questions in the presence of the opposing legal team and a camera.
