1.11.2011 Litigation Basic with Bruce Wiener

Weather hotline 206-547-4636
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UW open=class is on

-Bring smaller two rule books to class.
-Handouts-$34 check to Bruce by end of term.

Textbook's way is not the only way.

Litigation-process up to and including trial.
-98% of litigation not trial aspect.
-Due process
-Substantive -fairness of law itself, laws fairly applied to all citizens?
-Procedural- enforcement of law, court system, etc.

Superior Court Rules
-In order in which you encounter them in process of lawsuit
-Rule 20- Proper Parties, anyone that had anything to do with same facts/occurrences.
-Rule 19- Conditionally Necessary Parties- "desirable to enjoy complete relief",
EX- 3 car accident-only 2 sued, other 1 necessary for fairness to all, court encourages all parties to be present for permanent resolution.
-Indispensable Party- must be joined or the suit cannot proceed.
-Rule 12b p390- failure to join a party-complaint can be dismissed if indispensable party is left out.
EX lease signed by two, jointly liable, landlord cannot get judgment against one only. Trusts for multiple people, judgment on trust must include all trustees. Judgment that will affect multiples must include all people affected by judgment as parties.

Relation Back Doctrine
- cause of action may be added to suit where statute of limitations has run if it relates back to original cause of action, but may not allow addition of parties at that point. Do your homework- know theories and indispensable parties.
-Pleading initially filed may not be eventual pleading-things change.
-May file to beat statute based on minimal evidence or theories.
-Rule 15- amending supplemental pleadings- may amend once, as a matter of right, before responsive pleading (answer, reply) is filed.
-Courts are generous on this rule 15a- by leave of court or application to other parties.
-15b-amendments to conform to evidence, even after trial. Anytime justice is served-almost never denied.

Alternative Dispute Resolution-ADR
-nothing goes to trial these days without first going thru ADR, court system bogged down.
-"Litigation team"- litigation paralegal-
a. lawyers who use paras for entire litigation process- pleadings>trial,
b. lawyers who use paras for one piece only-trial prep or pleadings or discovery for all cases, specialist, generally only large firms.
-Form Files-are your BEST FRIEND- anything that takes more than 15 min, keep copy. Don't reinvent the wheel, keep yours and make copy of good ones you receive. Ask your firm for form files, use them.

Court System-know it
-State & Federal
-Federal- Supreme Appellate (circuit 9th) Trial (District)
-State- Supreme Appellate (division I,II) Trial (superior)(Dist)

Appellate Court- courts of review, cases have been tried before. Look for prejudicial error of law.
-p30 If appellate can find any reasonable basis to affirm the finding of the lower court, even if for different reasons, they will not reverse. "If they'd done it right you would have lost anyway."
-p32 12 geographic appellate courts, 1 substantive appellate cts (Fed Claims)

Supreme Courts- usually appellate jurisdiction, if original jurisdiction-ambassadors, state as party, etc.
- Marberry v. Madison- fed courts derive power from us const. State courts derive power from state congress.
-Federal Ct- may hear cases involving- fed law or diversity of citizenship & $75k.
-Supreme Cts- 51; 50 state, 1 fed.
-State Superior- no minimum amount
-State District - $75k max
-Fed District- no max, $75k min on diversity, no min on fed law case.
-Fed Law- must go to fed court, may not go to state