1.20.11

Handouts
-RCW 4.28.080 (Summons)
-Thomas Complaint
-Davis Complaint

Release
• Have client sign a release, to obtain medical records, etc.
Documents from other party
• Order to produce
Documents from third party
• Subpoena Duces Tecum

Expert Witnesses ER 702
• Doesn't just include Rocket Scientists. Experts will be necessary in almost every case. Specialized knowledge doesn't require formal education.
➢ EX computer experts, doctors, construction, etc.
• Best way to find effective expert witnesses
➢ Word of Mouth
➢ National Directory of Expert Witnesses, etc. But just because they're in the book doesn't make them good.
➢ What does make them good?
• 1. Knowledgeable- Know what they're talking about
• 2. Persuasiveness- Communicate effectively
• 3. In Active Practice- in whatever the field is
• 4. 50/50 for Plaintiff & Defendant- Balance ("expert whores", legal term)
➢ Overly Simplistic/Overly Complicated
• Neither is helpful, somewhere in between is best. Should be able to explain to jury so that they don't feel talked-down-to, but understand the concepts described.
• Ask experts what questions you should ask them on the stand.
➢ Start on Expert Selection Early
• Helps theories take shape & will help you develop case
➢ No standard of qualification required
• But other side may challenge "voir dire" the witness

Pleadings
• FORM MATTERS HERE- pay attention to detail
➢ RCW 26.09.006, 26.10.015, 26.26.065
• Rules- Follow theses rules or your pleadings will be BOUNCED!
➢ Cover Page
• 1" margins- left, right, bottom
• 3 ½" margin- at top
➢ Subsequent Pages- 1" margins all around
➢ Double Space
➢ 12pt type
➢ Numbered 1-28 down the side
• Complaint, Answer, Reply, etc.
➢ Don't sweat your pleadings- great pleadings not necessary, just follow the rules.
• 1. We are a Notice pleading state
• 2. CR 15- you can always amend your pleadings
• 3. Courts understand that this is a dispute between two people about things. Just a "ticket to the dance", need not be a work of art.
• 4 Necessary Parts
➢ 1. ID Plaintiff & Defendant
➢ 2. Jurisdiction & Venue
➢ 3. Some Facts of Case- Nature of Dispute
➢ 4. Prayer- What you want the court to do

RIP Real Interest in Party - CR 17a
➢ "You must have a dog in the fight"- you must be someone who would stand to gain from the proceedings.
• EX Of suit brought in interest of others- Guardian, Trusty, Executor/Personal Representative
• Can you sue a minor? -YES But minor cannot appear in court, guardian must. Can be liable for negligence at age 6. Minor is real party in interest.
• Minors at least 14 can be served, parent must be served also
➢ Plaintiff Mary Smith, and her Guardian Ad Litem, George Smith (only one plaintiff)

Status
➢ Type of entity you are- individual, partner, corporation, etc.
➢ EX p122 "Defendant ______, is and was at all times herein mentioned a corporation duly organized and existing under the laws of the state of Idaho, with its principle place of business in _____ county." (county confirms venue & jurisdiction)

Computerized Law Firm
• Forms as time saver, effective & inexpensive
➢ Form books- good for contracts (business), too general for other purposes.

Corporations & Other Business Entities
• Corporations are people for purposes of the law- Corporations can be sued
• Partnerships- Cannot be sued, partnership does not pay taxes (individuals do)
➢ "Harry Rice and Harvey Rice, A partnership, doing business as Hearth & Home, Real Estate Co., Defendants" ("partnership" informs us to relationship, & that the harm was in a business capacity)
• You can sue, as a person, anyone who pays taxes.
• Corporate Shield- you are not personally liable for debt, or loss of more than your investment
➢ Stock- allows you to raise capital
• Personal Service cannot get corporate form
• Under Funded Corporations- create corporation with no personal assets, for purpose of defrauding your creditors. If client wants to sue a corporation, only corporate assets are liable, not personal assets, unless "corporate veil" can be pierced. Look for Proper Formation.

Governmental Agencies
• Require Claim Statutes
➢ It is necessary to allege in the body of the complaint that claim statute has been done.
➢ The court cannot have jurisdiction until the claim statute has been filed.

Special Problems with Parties
• DBA's- Does Business As
➢ DBA- not a person, cannot be sued
➢ Martin Redshaw, doing business as Marty's Diner, Plaintiff

Does ("John Doe") CR 10a(2)
• Fictitiously named defendants
➢ Some States allow Does to be used on a pleading, as placeholders.
➢ Washington does not allow the use of Does
• If you aware that there is another party, but don't yet know their name, you may use a Doe, but cannot throw them in without a theory or entity in mind.
➢ Federal rules do not allow the use of Does

Permissive & Compulsory Joinder
• Compulsory- same nexus of facts
• Conditionally necessary
• Permissive- Review these

Class Actions CR 23
• Substantial differences between State & Fed on this rule

Interpleader
• Limited funds to be divided among multiple parties
➢ EX Accident victims, $50k from insurance, to be divided among them. Funds may be interpleaded, and insurance company is excused from dispute.

Jurisdiction & Venue - p128
• Jurisdiction
➢ STATE "Jurisdiction is proper in this court." Everything in complaint is deemed true. You just have to say that it is.
➢ FEDERAL Jurisdiction is much more narrow, therefore pleadings must include citation to law.
• Venue- Generally some explanation is included as to venue.
➢ "The (accident, contract, assault) alleged herein took place in _____ county, WA and therefore venue is proper in this court"
• Residency
• Occurrence
• Location of Property
• Etc.

Pleading the Cause of Action
• Factual basis for lawsuit, but not the most important part of case, and are not seen by jury.
➢ The more specifics you allege, the more you have to prove. The fewer the better.
➢ Notice Pleading
• Exceptions- actions that must be pleaded with specificity
• CR 9- Fraud, Mistake, Condition of the Mind
• Fraud- All 7 Elements must be represented
Review Fraud Elements- write elements of Fraud in Court Rule Book
• Always include more than one cause of action
• Don't put all your eggs in one basket
➢ Don't worry about conflicting causes of action. You can allege conflicting causes of action. Even if only one can be true.
• You may bring multiple causes of action from multiple plaintiffs, in same complaint.


Cause of Action
• Also called Claim
• Should not be referred to as a count, can be confused with criminal.