More examples in Legal/Paralegal Practice
Procedure for the Pleading Stage in a Federal Court Action Example
SmartDraw includes Paralegal Practice examples like this Procedure for the Pleading Stage in a Federal Court Action template that you can easily edit and customize in minutes.
Text in this example:
Procedure for Federal Court Action - Pleading Stage Request for Admissions Physical/Mental Examination Demand for Production of Documents Interrogatories Deposition Motion for Summary Judgment Motion for Judgment on the pleadings Pre-trial Motions U.S. Marshal serves the package Service of Process Pleading Stage Discovery Stage The clerk will issue a summons on the defendant or his/her agent Motion to Dismiss Counterclaim Answer Motion for General Demurrer Motion to Strike Motion for a More Definite Statement Pre-Trial Motions: Not sufficient to state a cause of action
Denying jurisdiction of the Court
Other
If granted, the case is dismissed.
If dismissed "without prejudice," the plaintiff can refile in the proper Court or amend the complaint.
If dismissed "with prejudice," the plaintiff cannot amend or refile. Motion for a More Definite Statement is asking for more "specific statements" (special demurrer) Asks the court to strike from the complaint matters which are not germane to the case. This motion admits to all allegations but denies that these allegations state a cause of action.
If granted, the case is dismissed. Counterclaim against the plaintiff cross-claim against a third party. Plaintiff MUST file a reply to the counterclaim. These can be filed by either party after all other pleadings have been resolved. The summary judgment is granted as a "matter of law."
Denying jurisdiction of the Court
Other
If granted, the case is dismissed.
If dismissed "without prejudice," the plaintiff can refile in the proper Court or amend the complaint.
If dismissed "with prejudice," the plaintiff cannot amend or refile. Motion for a More Definite Statement is asking for more "specific statements" (special demurrer) Asks the court to strike from the complaint matters which are not germane to the case. This motion admits to all allegations but denies that these allegations state a cause of action.
If granted, the case is dismissed. Counterclaim against the plaintiff cross-claim against a third party. Plaintiff MUST file a reply to the counterclaim. These can be filed by either party after all other pleadings have been resolved. The summary judgment is granted as a "matter of law."