FEDERAL CIVIL CASE FLOWCHART
                          COMPLAINT
       This is the written document Plaintiff (MinCal) fi...
REFERRAL TO MAGISTRATE JUDGE
                                 In many Federal Districts, a U.S. Magistrate Judge
         ...
DISCOVERY
Before trial, the parties develop evidence for trial by
methods including depositions, written
interrogatories, ...
TRIAL
A trial allows the parties to formally present their
case in court by offering testimony and evidence.
The parties h...
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Federal Civil Case Flow

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The following federal flow chart shows how a civil case flows through federal court. If you have any questions please feel free to give us a call at 888-678-5550 or visit our website at http://www.mincal.com

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Federal Civil Case Flow

  1. 1. FEDERAL CIVIL CASE FLOWCHART COMPLAINT This is the written document Plaintiff (MinCal) files with the clerk to begin your lawsuit. It sets out your claims against the Defendant(s) and the relief requested. PAY COURT FEE At the time the complaint is filed, Plaintiff also pays the statutory filing fee. Note: MinCal will pay your case filing fee. SERVICE OF PROCESS The complaint is “served” on Defendant(s). This process is judicially required to give Defendant(s) notice so that they can respond. www.mincal.com © 2010 MinCal Consumer Law Group
  2. 2. REFERRAL TO MAGISTRATE JUDGE In many Federal Districts, a U.S. Magistrate Judge handles pretrial motions and hearings and enters scheduling orders. They may also try to mediate to settle the case. ANSWER DEFAULT The Defendant(s) response to Plaintiff’s complaint is When Defendant fails to answer or otherwise respond called the Answer. Under Federal Rules, Defendant(s) to the complaint, the clerk may enter a default upon usually have only 20 days to respond once they have motion by Plaintiff. been served with the complaint. SCHEDULING CONFERENCE & SCHEDULING DEFAULT JUDGMENT ORDER If Defendant fails to cure the default after proper After the answer is filed, the Magistrate Judge holds a notice, a judgment may be entered awarding Plaintiff conference to identify the issues, set a schedule for relief sought in the complaint. discovery, record any agreements by the parties, and consider other matters as needed to promote the just and speedy resolution to the lawsuit. www.mincal.com © 2010 MinCal Consumer Law Group
  3. 3. DISCOVERY Before trial, the parties develop evidence for trial by methods including depositions, written interrogatories, requests for production, inspections and requests for admissions. MOTIONS Parties may file motions regarding discovery and other issues within time limits set out in the Scheduling Order. FINAL PRETRIAL CONFERENCE Following discovery, the Magistrate Judge conducts a conference with the parties to discuss the issues for trial, the evidence that will be used at trial, and the possibility of settlement. DISPOSITIVE MOTIONS Motions may be filed for the judge to determine if there are any material disputed issues of fact or rules that need to be decided on. www.mincal.com © 2010 MinCal Consumer Law Group
  4. 4. TRIAL A trial allows the parties to formally present their case in court by offering testimony and evidence. The parties have a right to a trial by jury in a civil action, and the jury must ordinarily reach a unanimous verdict. JUDGMENT After a verdict, the court enters a judgment on its docket which states the results of the proceeding and clearly indentifies the specific relief to which the prevailing parties are entitled. NOTICE OF APPEAL A dissatisfied party may appeal the judgment by filing a notice of appeal with the clerk of the district court. The notice of appeal ordinarily must be filed within 30 days after the judgment. www.mincal.com © 2010 MinCal Consumer Law Group

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