Legal Environment of Business: Stages of Litigation

Professor Bryant, Fayetteville State University

Overview

Focus: Stages of Civil Litigation
- Three Stages: Pleading, Discovery, Trial
Type of Litigation: Civil (as opposed to Criminal)
- Civil Litigation: Individuals suing for damages/remedies
- Criminal Litigation: Government prosecuting crimes

Process Initiation: Hiring a Lawyer
- Lawyers decide to represent and usually work on a contingency fee for personal injury cases
Filing a Complaint and Summons
- Complaint: Official document starting the lawsuit
  - Components:
    - Statement of parties involved (plaintiff & defendant)
    - Jurisdiction explanation
    - Facts establishing the basis for the claim
    - Legal elements of the cause of action
    - Prayer for relief (compensation sought)
- Summons: Court document notifying the defendant of the lawsuit
  - Defendant has 30 days (NC) or 20 days (federal) to respond
  - Failure to respond can result in a default judgment
Service of Process
- Methods of Service:
  - Personal service by Sheriff's department
  - Service by registered mail (defendant must sign)
  - Service by publication if the defendant cannot be located
- Special Cases:
  - Serving corporations via registered agents or board members
- Importance of Proper Service:
  - Any judgment given without proper service is void
Answer from Defendant
- Must respond to each allegation (admit/deny)
- May include motion to dismiss for insufficient claims
- Affirmative defenses (e.g., statute of limitations)

Purpose: To avoid surprises at trial; both sides exchange all relevant information
Discovery Tools:
- Interrogatories: Written questions answered under oath
  - Include basic information and detailed accounts of events
- Request for Production: Requesting documents relevant to the case
  - Example: Emails, memos, notes between HR and managers in employment cases
- Request for Admissions: Admit or deny specific statements
  - Failure to respond results in automatic admission
- Depositions: Oral questioning under oath, recorded by a court reporter
  - Closest pre-trial procedure to actual trial questioning
Procedural Basis: Rules of Civil Procedure (state and federal)
- Govern how discovery tools are used and responses managed
Example: Employment case demonstrating the utility of email communications obtained through discovery