Barisone/Kanarek Legal Filings (Public Record)

[Denali6298]

@YankeeDuchess people would take you seriously if you engaged more in our community. I, to be honest, suspect you’re an alter for some one who posts only in off topic. Try to become apart of this community.

[eggbutt]

@Knights Mom

Give it up. Now you’re just being ridiculous. OF COURSE a newly signed order would have the date it was newly signed. Is it that you can’t understand or you just don’t want to understand?

But other than that, think what you want. Maybe I’m boffing the judge. Shining his gavel. Rubbing his robe.

Perhaps those of us who saw it days ago are actually clairvoyant!! :tickled_pink::tickled_pink::tickled_pink::tickled_pink::tickled_pink::tickled_pink::tickled_pink:

[eggbutt]

@La-LaPopRider

This is a really good point. I posted it too, only having read Eggbutts account of what she believes to be “FACTS.” (Post #2 of hers. ) I, myself, have seen no actual evidence from my own attorneys that motion (b) was denied.

The very first element of her partial posting of pieces of this document I pointed out to her- was the fact she removed the date of the proceeding. Additionally, whatever the ruling - there is a reason for the “without prejudice,” add-on.

Of course, by now, it’s really not so shocking Eggbutt (whom identified herself by referencing a comment I made to her on FB) would open yet another thread, again, twisting words used in “answer,” to my complaint, and calling them “facts.” She is known for doing the same thing to others -with her small group of lackeys, (IRL) in NC. Arguing with her is pointless. Her agenda is clear. Anytime she is called out- she pivots to “recipes.” Therefore, her interest is not in this case- rather, her interest is far more along the lines of proving her undying loyalty to her “very good friends,” - which she has named as being “MH’s family & MH “- since she has “known MH since she was a teen.” Disclaimer- That does not make her the “friend,” she believes to be she is. Though, I suppose, as long as SHE believes it… she can be as much a lackey for MH as R.C was for both MH & MB- by providing the gun used to (attempt) to murder us.

Lastly, she must have forgotten her post claiming she may have been “hiding,” in MB’s dually at the time of the shooting. That’s a bold claim. Random, I know. But thought I’d remind her 5 (ish) “comment boosters,” we are keeping very close track of her rantings- for obvious legal reasons, during an ongoing criminal investigation.

I wonder if LK’s attorneys have notified her yet???

I wonder if anyone has notified LK I posted the sarcastic post mentioning hiding in MB’s dually? And, let me ask again, what “obvious legal reasons”???

I wonder if anyone actually believes much of what LK rants or imagines??? Delusional.

[Knights_Mom]

@Ambitious Kate

Of course she understands it. She’s being purposefully obtuse.

So, Knights Mom, I have a question. If Kanarek, of course, and also Barisone, and Sweet Water farms, and now Cox Also are bringing a counter suit on Kanarek and all are demanding a jury (of 6) trial, do they get four different juries, or do they get one jury, and hear all the complaints, one after the other? Or each seperately?

I’d love to know how this circus of monkeys works.

There is one trial with one jury.

[eggbutt]

@Knights Mom

There is one trial with one jury.

And all different attorneys present their party’s evidence? Seems that it would get confusing if it isn’t controlled somehow. Interesting.

[YankeeDuchess]

@Denali6298

@YankeeDuchess people would take you seriously if you engaged more in our community. I, to be honest, suspect you’re an alter for some one who posts only in off topic. Try to become apart of this community.

Thanks for the advice, Denali.

[Ambitious_Kate]

@eggbutt

And all different attorneys present their party’s evidence? Seems that it would get confusing if it isn’t controlled somehow. Interesting.

I would bet that the judge will go to great lengths to keep control of that proceeding, and put some pretty strict rules down keeping people on task.

[Knights_Mom]

[h=1]Annotated Outl![](ne of a Civil Action[/h] [h=2]Links to Civil Rules[/h] [TABLE=“border: 0, cellpadding: 0, cellspacing: 0”]
[TR]
[TD]Federal
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
U.S. Supreme Court Rules[/TD]
[TD]Washington
Washington Court Rules
Washington Rules of Appellate Procedure[/TD]
[/TR]
[/TABLE]
[h=2]Pre-Trial Stage[/h] [TABLE=“border: 1, cellpadding: 5, cellspacing: 0”]
[TR]
[TD=“align: center”]Step of Pre-Trial Proceedings[/TD]
[TD=“align: center”]Example[/TD]
[/TR]
[TR]
[TD]Preliminary investigations, interviews[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Demand letter[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Settlement discussions[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Evaluate jurisdiction and decide where to file suit - state or federal court; which state; which venue?[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Service of summons and complaint (or substitute)[/TD]
[TD=“align: center”][/TD]
[/TR]
[TR]
[TD]File certificate of service[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]File corporate disclosure statement[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff files jury demand[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Responses to the complaint[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Answer, admitting or denying each allegation in the complaint[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Motion attacking plaintiff’s summons and complaint[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD lack of subject matter jurisdiction[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD lack of personal jurisdiction over a defendant[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD improper venue[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD insufficiency of process[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD insufficiency of service of process[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD failure to state a claim upon which relief can be granted[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD failure to join a necessary party[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Counterclaims, cross-claims, third-party claims, joinder of additional parties[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Motion for more definite statement - if a statement of a claim is so vague that the opposing party is unable to respond[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Motion to strike - asks the judge to remove “redundant, immaterial, impertinent, or scandalous matter” from a pleading[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]No response (default judgment)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Motion for judgment on the pleadings - asks the court to dismiss simply based on the statements in the parties’ complaint and answer[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Intervention - by interested party who wants to join in the lawsuit[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Pretrial conference - court will often issue pretrial order listing deadlines for discovery and trial[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Discovery (factual development)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Discovery conference - parties meet and confer[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD initial disclosures by both parties (names of potential witnesses, existence and location of documents, basis for damage calculation, availability of insurance to cover a damage award)[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
TD depositions under oath - of any person with information about the lawsuit. Attorney may need to issue subpoena to compel reluctant witness. Attorney can present questions to witness in person or in writing.[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
TD written interrogatories to opposing party (not to witnesses)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD request for production or inspection of documents (to party only, not to witnesses)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD physical and mental examinations[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD requests for admission[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Request sanctions if opposing party refuses to cooperate in discovery[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Move for protective order to protect a party or any witness from “annoyance, embarrassment, oppression, or undue burden or expense”[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Motion for summary judgment - mechanism for deciding case w/out trial when “no genuine issue of material fact”
This motion says: “This case presents no genuine issue of material fact and so the court should decide the case as a matter of law.”[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Supported by witness’ affidavits/declarations, exhibits exchanged during discovery, deposition transcripts[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Summary judgment order - if motion granted, plaintiff’s case is dismissed and the case will not proceed to trial stage.[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[/TABLE]
[h=2]Trial Stage
(fewer than 5% of all cases commenced in federal courts go to trial)[/h] [TABLE=“border: 1, cellpadding: 5, cellspacing: 0”]
[TR]
[TD=“align: center”]Step of Trial Proceedings[/TD]
[TD=“align: center”]Example[/TD]
[/TR]
[TR]
[TD]Trial date set - either now or via earlier pretrial order[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Trial briefs[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Parties propose jury instructions[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Motions in limine[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Jury selection, voir dire (unless bench trial)[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)
[IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]for cause challenges[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]peremptory challenges[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Objections - Parties must be vigilant throughout the trial and make proper objections when necessary, to preserve the client’s right to challenge an aspect of the trial on appeal[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s opening statement - gives jury an overview of the case[/TD]
[TD=“align: center”][IMG]https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Defendant’s opening statement - could also delay until later in case[/TD]
[TD=“align: center”][IMG]https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Plaintiff’s case-in-chief[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]For each witness (may require subpoena to secure witnesses’ attendance at trial):[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Plaintiff’s direct examination[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s cross-examination - can impeach witness’ testimony with statements made during deposition.[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s redirect[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s re-cross[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Documents introduced into evidence (either admitted or excluded)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff rests[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s motion for judgment as a matter of law - also called motion for directed verdictThis motion says: “Even if all evidence plaintiff has offered is true, plaintiff has no right to relief.” Plaintiff has “failed to make a prima facie case.” Judge assumes all plaintiff’s evidence is true and makes all inferences in favor of plaintiff and asks whether a reasonable person could decide for plaintiff.[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Defendant’s opening statement - unless made earlier[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s case-in-chief[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]For each witness:[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s direct examination[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s cross-examination[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant’s redirect[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s re-cross[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Documents introduced into evidence (either admitted or excluded)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Defendant rests[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s case-in-rebuttal - limited to refuting matters raised during prior phase[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s motion for directed verdict - rarely granted in typical case in which plaintiff has burden of proof[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Both parties eventually rest their case[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s or defendant’s (but usually defendant’s) motion for judgment as a matter of law - seldom granted for either party; especially rare for court to grant this motion for plaintiffs.

		Defense motion says: plaintiff has not satisfied his or her burden of proof
		Plaintiff's motion says:  plaintiff has satisfied his or her burden of proof as a matter of law, so no reason for jury to decide the case[/TD]
		[TD="align: center"] [/TD]
	[/TR]

[TR]
[TD]Parties/court agree on final set of jury instructions and resolve objections[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Plaintiff’s/defendant’s closing arguments to the jury - bring all evidence together, spin it, articulate favorable inferences, weave it into a compelling story.[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Charge to the jury - jury instructions presented orally by judge, often jurors receive written copy as well[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Jury deliberates[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Verdict - read out loud in open court, jury polled to make sure no mistake. Alternately, if neither party requested a jury, the judge will enter findings of fact, conclusions of law, and a judgment.[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Motion for judgment notwithstanding the verdict (j.n.o.v.)This motion says: “Even if all the winner’s evidence is true, and the winner is given all reasonable inferences from that evidence, the loser is entitled to a verdict as a matter of law.”[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Entry of judgment[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Motion for a new trialThis motion says: “The loser is entitled to a new trial because of some trial court mistake (erroneous admission or rejection of evidence, misconduct of counsel, newly discovered evidence, verdict is against weight of evidence).”[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Attorneys’ fees and costs - must sometimes be paid by losing party[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Motion for relief from judgment / motion to amend or alter judgment - grounds can include jury tampering, judicial bias, etc.[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Notice of appeal[/TD]
[TD=“align: center”][IMG]https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[/TABLE]
[h=2]Appeal[/h] [TABLE=“border: 1, cellpadding: 5, cellspacing: 0”]
[TR]
[TD=“align: center”]Step of Appellate Proceedings[/TD]
[TD=“align: center”]Example[/TD]
[/TR]
[TR]
[TD]Appeal scheduling order / Mediation or conference - some courts require parties to confer with a mediator to determine whether appeal can be resolved through alternative dispute resolution[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Appellant arranges to have the trial court record forwarded to the appellate court[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]File excerpts of record or appendix - most courts require parties to compile the key documents that are involved in the specific legal issues on appeal[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]File and serve appellant’s opening brief[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Appellee’s (or respondent’s) responding brief[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Amicus brief - submitted by non-party that wants to share its perspective with the court[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Appellant’s reply brief[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Appellee’s (or respondent’s) sur-reply brief - often need court’s permission[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Bench memorandum - judicial law clerks often prepare bench memoranda based on appellate briefs and the record (the documents and exhibits in the trial file); suggest questions to clarify legal positions and issues, make recommendation to panel of appellate judges[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Oral arguments[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)Clicking the link will cause an audio file to play. Make sure your speakers are turned on[/TD]
[/TR]
[TR]
[TD]Judges’ conference, “straw vote,” assignment of opinion writing - most cases at intermediate courts of appeal are heard by three judges[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Opinion drafting process (varies widely, but this is one example)[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD judge assigned to write the opinion for the panel conducts further research and analysis of case with assistance from law clerk[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD judge or clerk composes draft opinion[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD judge circulates draft opinion to other judges with cover sheet[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD other judges elect to sign on, sign on with conditions, concur or dissent [/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD other judges and their clerks offer helpful revisions - this process can recur many, many times after revisions are made. In the 9th Circuit, clerks send feedback via a “nit memo,” given its name because the clerk “nit-picks” the citation, grammar, typos, etc.[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD] (6) if opinion convinces majority of court or panel, law clerk assembles judges’ revisions, verifies accuracy of quotations, citations, and substantive legal claims. If a judges disagrees with the opinion as written, may draft a separate concurrence or dissent.[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD law clerks checks every factual assertion against the record[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD final version circulates to the judges one last time, then is published and sent to the parties[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
TD law clerk or court staff prepare press release[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Opinion issued - can be published or unpublished[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Petition for panel rehearing - party who lost the appeal asks the three-judge panel to reconsider its decision[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Petition for rehearing en banc - federal courts of appeals only, asks all active judges on the entire court to reconsider the three-judge panel’s decision[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Issuance of mandate - this is the appellate judgment, terminates the appeal[/TD]
[TD=“align: center”][IMG2=JSON]{“data-align”:“none”,“data-size”:“full”,“height”:“34”,“width”:“32”,“src”:"https://faculty.washington.edu/tomcobb/civil_case/images/j0371040.gif)[/TD]
[/TR]
[TR]
[TD]Petition for review, petition for writ of certiorari to Supreme Court[/TD]
[TD=“align: center”] [/TD]
[/TR]
[TR]
[TD]Discretionary review by highest court in a jurisdictionCriteria include: whether case presents significant issue of law (e.g., constitutional or statutory interpretation); whether the issue or a similar issue arises often; whether many people are affected by the decision; whether the issue is one of first impression for the Supreme Court; whether present case law is inconsistent (among Court of Appeals cases, between Court of Appeals cases and Supreme Court cases, or among Supreme Court cases); whether the Court of Appeals decision appears to be wrong; whether the issues are well presented in the briefs. [this is a partial list from Oregon; other jurisdictions surely vary.][/TD]
[TD=“align: center”] [/TD]
[/TR]
[/TABLE]

Last updated October 5, 2006. Comments or questions? Contact Tom Cobb, Sarah Kaltsounis, or Joan Foley.

[Knights_Mom]

Annotated Outline of a Civil ActionLinks to Civil RulesFederal
Federal Rules of Civil Procedure
Federal Rules of Appellate Procedure
U.S. Supreme Court RulesWashington
Washington Court Rules
Washington Rules of Appellate ProcedurePre-Trial StageStep of Pre-Trial ProceedingsExample

Preliminary investigations, interviews

Demand letter Settlement discussions Evaluate jurisdiction and decide where to file suit - state or federal court; which state; which venue? Service of summons and complaint (or substitute)File certificate of serviceFile corporate disclosure statement Plaintiff files jury demand Responses to the complaint

Answer, admitting or denying each allegation in the complaint

Motion attacking plaintiff’s summons and complaint

(1) lack of subject matter jurisdiction

(2) lack of personal jurisdiction over a defendant

(3) improper venue

(4) insufficiency of process

(5) insufficiency of service of process

(6) failure to state a claim upon which relief can be granted

(7) failure to join a necessary party

Counterclaims, cross-claims, third-party claims, joinder of additional parties

Motion for more definite statement - if a statement of a claim is so vague that the opposing party is unable to respond

Motion to strike - asks the judge to remove “redundant, immaterial, impertinent, or scandalous matter” from a pleading

No response (default judgment)

Motion for judgment on the pleadings - asks the court to dismiss simply based on the statements in the parties’ complaint and answer Intervention - by interested party who wants to join in the lawsuit Pretrial conference - court will often issue pretrial order listing deadlines for discovery and trialDiscovery (factual development)

Discovery conference - parties meet and confer

(1) initial disclosures by both parties (names of potential witnesses, existence and location of documents, basis for damage calculation, availability of insurance to cover a damage award)

(2) depositions under oath - of any person with information about the lawsuit. Attorney may need to issue subpoena to compel reluctant witness. Attorney can present questions to witness in person or in writing.

(3) written interrogatories to opposing party (not to witnesses)

(4) request for production or inspection of documents (to party only, not to witnesses)

(5) physical and mental examinations

(6) requests for admission

Request sanctions if opposing party refuses to cooperate in discovery

Move for protective order to protect a party or any witness from “annoyance, embarrassment, oppression, or undue burden or expense”

Motion for summary judgment - mechanism for deciding case w/out trial when “no genuine issue of material fact”

This motion says: “This case presents no genuine issue of material fact and so the court should decide the case as a matter of law.”

Supported by witness’ affidavits/declarations, exhibits exchanged during discovery, deposition transcripts

Summary judgment order - if motion granted, plaintiff’s case is dismissed and the case will not proceed to trial stage.

Trial Stage
(fewer than 5% of all cases commenced in federal courts go to trial)Step of Trial ProceedingsExample

Trial date set - either now or via earlier pretrial order

Trial briefs

Parties propose jury instructionsMotions in limine

Jury selection, voir dire (unless bench trial)

for cause challenges

peremptory challenges

Objections - Parties must be vigilant throughout the trial and make proper objections when necessary, to preserve the client’s right to challenge an aspect of the trial on appeal

TRIAL FIRST THING TO HAPPEN:

Plaintiff’s opening statement - gives jury an overview of the caseDefendant’s opening statement - could also delay until later in casePlaintiff’s case-in-chief

For each witness (may require subpoena to secure witnesses’ attendance at trial):

Plaintiff’s direct examination

Defendant’s cross-examination - can impeach witness’ testimony with statements made during deposition.

Plaintiff’s redirect

Defendant’s re-cross

Documents introduced into evidence (either admitted or excluded)

Plaintiff rests Defendant’s motion for judgment as a matter of law - also called motion for directed verdict

This motion says: “Even if all evidence plaintiff has offered is true, plaintiff has no right to relief.” Plaintiff has “failed to make a prima facie case.” Judge assumes all plaintiff’s evidence is true and makes all inferences in favor of plaintiff and asks whether a reasonable person could decide for plaintiff.

Defendant’s opening statement - unless made earlier Defendant’s case-in-chief

For each witness:

Defendant’s direct examination

Plaintiff’s cross-examination

Defendant’s redirect

Plaintiff’s re-cross

Documents introduced into evidence (either admitted or excluded)

Defendant rests Plaintiff’s case-in-rebuttal - limited to refuting matters raised during prior phase Plaintiff’s motion for directed verdict - rarely granted in typical case in which plaintiff has burden of proof Both parties eventually rest their case

Plaintiff’s or defendant’s (but usually defendant’s) motion for judgment as a matter of law - seldom granted for either party; especially rare for court to grant this motion for plaintiffs.

Defense motion says: plaintiff has not satisfied his or her burden of proof

Plaintiff’s motion says: plaintiff has satisfied his or her burden of proof as a matter of law, so no reason for jury to decide the case

Parties/court agree on final set of jury instructions and resolve objections Plaintiff’s/defendant’s closing arguments to the jury - bring all evidence together, spin it, articulate favorable inferences, weave it into a compelling story. Charge to the jury - jury instructions presented orally by judge, often jurors receive written copy as wellJury deliberates Verdict - read out loud in open court, jury polled to make sure no mistake. Alternately, if neither party requested a jury, the judge will enter findings of fact, conclusions of law, and a judgment.Motion for judgment notwithstanding the verdict (j.n.o.v.)

This motion says: “Even if all the winner’s evidence is true, and the winner is given all reasonable inferences from that evidence, the loser is entitled to a verdict as a matter of law.”

Entry of judgmentMotion for a new trial

This motion says: “The loser is entitled to a new trial because of some trial court mistake (erroneous admission or rejection of evidence, misconduct of counsel, newly discovered evidence, verdict is against weight of evidence).”

Attorneys’ fees and costs - must sometimes be paid by losing party Motion for relief from judgment / motion to amend or alter judgment - grounds can include jury tampering, judicial bias, etc. Notice of appeal

AppealStep of Appellate ProceedingsExampleAppeal scheduling order / Mediation or conference - some courts require parties to confer with a mediator to determine whether appeal can be resolved through alternative dispute resolutionAppellant arranges to have the trial court record forwarded to the appellate court File excerpts of record or appendix - most courts require parties to compile the key documents that are involved in the specific legal issues on appealFile and serve appellant’s opening briefAppellee’s (or respondent’s) responding briefAmicus brief - submitted by non-party that wants to share its perspective with the court Appellant’s reply briefAppellee’s (or respondent’s) sur-reply brief - often need court’s permission Bench memorandum - judicial law clerks often prepare bench memoranda based on appellate briefs and the record (the documents and exhibits in the trial file); suggest questions to clarify legal positions and issues, make recommendation to panel of appellate judges Oral arguments

Clicking the link will cause an audio file to play. Make sure your speakers are turned on

Judges’ conference, “straw vote,” assignment of opinion writing - most cases at intermediate courts of appeal are heard by three judges Opinion drafting process (varies widely, but this is one example)

(1) judge assigned to write the opinion for the panel conducts further research and analysis of case with assistance from law clerk

(2) judge or clerk composes draft opinion

(3) judge circulates draft opinion to other judges with cover sheet

(4) other judges elect to sign on, sign on with conditions, concur or dissent

(5) other judges and their clerks offer helpful revisions - this process can recur many, many times after revisions are made. In the 9th Circuit, clerks send feedback via a “nit memo,” given its name because the clerk “nit-picks” the citation, grammar, typos, etc.

(6) if opinion convinces majority of court or panel, law clerk assembles judges’ revisions, verifies accuracy of quotations, citations, and substantive legal claims. If a judges disagrees with the opinion as written, may draft a separate concurrence or dissent.

(7) law clerks checks every factual assertion against the record

(8) final version circulates to the judges one last time, then is published and sent to the parties

(9) law clerk or court staff prepare press release

Opinion issued - can be published or unpublishedPetition for panel rehearing - party who lost the appeal asks the three-judge panel to reconsider its decision Petition for rehearing en banc - federal courts of appeals only, asks all active judges on the entire court to reconsider the three-judge panel’s decision Issuance of mandate - this is the appellate judgment, terminates the appealPetition for review, petition for writ of certiorari to Supreme Court Discretionary review by highest court in a jurisdiction

Criteria include: whether case presents significant issue of law (e.g., constitutional or statutory interpretation); whether the issue or a similar issue arises often; whether many people are affected by the decision; whether the issue is one of first impression for the Supreme Court; whether present case law is inconsistent (among Court of Appeals cases, between Court of Appeals cases and Supreme Court cases, or among Supreme Court cases); whether the Court of Appeals decision appears to be wrong; whether the issues are well presented in the briefs. [this is a partial list from Oregon; other jurisdictions surely vary.]

Last updated October 5, 2006. Comments or questions? Contact Tom Cobb, Sarah Kaltsounis, or Joan Foley.

[Knights_Mom]

So it’s like the judge is a conductor directing an orchestra. The “order of go” is the same universally.

As to how it works with multiple defendant attorneys, just think of the movie My Cousin Vinny. Although that was a criminal trial, it showed each defense attorney having their turn at doing each step of the process.

[rothmpp]

I believe it depends on whether all of the civil cases have been filed separately. I think the various attorneys can request to combine the various civil suits into one, but depending on what they have filed and whether they want to take the risk of being tainted by a co-plaintiff’s more obvious role in the event of the day in question.

Hypo:

Let’s say I believe LK that MB was planning the murder of RG and LK for days and acquired RC’s gun to do it, were I RC, I would NOT want to be folded into MB’s civil suit. RC would be likely to be a more sympathetic plaintiff than if she were NOT lumped in with MB. It’ll be more expensive to pursue on her own with the billable hours not spread across multiple plaintiffs, but she might fair better under the above ASSUMPTION.

Disclaimer I am not an attorney in any state and might be totally and completely wrong about all of the above.

[Knights_Mom]

@rothmpp

I believe it depends on whether all of the civil cases have been filed separately. I think the various attorneys can request to combine the various civil suits into one, but depending on what they have filed and whether they want to take the risk of being tainted by a co-plaintiff’s more obvious role in the event of the day in question.

Hypo:

Let’s say I believe LK that MB was planning the murder of RG and LK for days and acquired RC’s gun to do it, were I RC, I would NOT want to be folded into MB’s civil suit. RC would be likely to be a more sympathetic plaintiff than if she were NOT lumped in with MB. It’ll be more expensive to pursue on her own with the billable hours not spread across multiple plaintiffs, but she might fair better under the above ASSUMPTION.

Disclaimer I am not an attorney in any state and might be totally and completely wrong about all of the above.

I could be wrong but to my eyes there is just one civil case Kanarek v. Michael Barisone, et al

[Ambitious_Kate]

There’s one case, but Barisone has filed an entire counter suit, demanding jury. The other two defendents have filed “cross claims” deny the charges, and demand indemnification from any association with the other defendents, and want to be separated from MB’s suit and request interogatories from Lauren, all material and evnidence, written release from being blamed, also from Lauren, but all three are seeking damages from lauren and from what I read the counter suits are “attached” to the original. Lauren has three people/entities suing her from within her own case.

I’m certainly no attorney, this is just what I’ve gathered from what I read of the paperwork thus far.

[Knights_Mom]

@Ambitious Kate

There’s one case, but Barisone has filed an entire counter suit, demanding jury. The other two defendents have filed “cross claims” deny the charges, and demand indemnification from any association with the other defendents, and want to be separated from MB’s suit and request interogatories from Lauren, all material and evnidence, written release from being blamed, also from Lauren, but all three are seeking damages from lauren and from what I read the counter suits are “attached” to the original. Lauren has three people/entities suing her from within her own case.

I’m certainly no attorney, this is just what I’ve gathered from what I read of the paperwork thus far.

The counterclaim is part of the original case. Claim/counterclaim.

The defendants want to be separated as far as each defendant speaks for themself. In this case MB as the alleged shooter has a different level of culpability than Sweet Grass Farms, a corporation who is not alleged to have fired any weapon.

[Ambitious_Kate]

Okay, thanks.

[Cardboardoux]

@Smthn_Like_Olivia

Do people still watch daytime soap operas??

No, we read this thread :lol:

[Graymaresrule]

@Cardboardoux

No, we read this thread :lol:

When we can’t sleep

[MorganSercu]

@Knights Mom

There is one trial with one jury.

There isn’t enough per diem in the world to pay for all the aspirin that jury will need. Are they permitted to take notes, or do they simply have to rely on their memories or the court reporter’s record (another unsung underpaid person, IMO)?

The last time I was tapped for jury duty I came prepared to wait. A book, an old GameBoy - I was very popular. Around 1230 they came out to announce they had settled and we were credited as if we had heard it. A ragged cheer went up and we happily hit the exit. So despite willingness, I have never been on a jury.

[Knights_Mom]

@MorganSercu

There isn’t enough per diem in the world to pay for all the aspirin that jury will need. Are they permitted to take notes, or do they simply have to rely on their memories or the court reporter’s record (another unsung underpaid person, IMO)?

The last time I was tapped for jury duty I came prepared to wait. A book, an old GameBoy - I was very popular. Around 1230 they came out to announce they had settled and we were credited as if we had heard it. A ragged cheer went up and we happily hit the exit. So despite willingness, I have never been on a jury.

Normally jurors do not take notes. They can ask a ton of questions which the judge may answer. Normally they discuss with each other. The judge helps as much as they can explaining law, what is relevant and what’s to be considered.

The motions etc are normally decided by the judge. It is usually the ultimate subject like guilt v. Innocence that the jury is charged with.

I served on a jury as an alternate. That is the suckiest thing to experience. You sit through the entire case, pay attention, and then when the final deliberation comes, they say buh bye. You are kicked to the curb.

[Jenerationx]

@Knights Mom

I served on a jury as an alternate. That is the suckiest thing to experience. You sit through the entire case, pay attention, and then when the final deliberation comes, they say buh bye. You are kicked to the curb.

That would suck. I had to be excused during jury selection because I’d been a 9-1-1 dispatcher during the period a triple homicide was committed and one of the suspects was arrested. Long story short, the guy was convicted, but one of the jurors had disclosed information about his arrest that had been deemed inadmissible due to it being prejudicial, so the verdict was set aside. They called in like 400 people for multiple jury selections that day. The questionnaire asked about prior employment and whether that would effect our ability to be impartial, and I said it wouldn’t until they pulled us into a room and told us what the case was. I actually wanted to serve on a jury, but not that one.