Christy Prince presented "Litigation 101: Overview of Pleadings" on September 16, 2014, at the Columbus Bar Association's new lawyer training. She discussed the basic foundation of litigation and answered new attorneys' questions.

1. z
Litigation 101:
Overview of Pleadings
Christy A. Prince
Litigation 101
September 16, 2014

2. z
Complaint
+Determine elements of each cause of action
+ Ex: Breach of contract
+ Ex: Fraud
+Include factual allegations for each element
+ Fraud and mistake must be plead with particularity
+Attach written instruments if they are the basis of the
claim under Civ.R. 10(D)

3. z
Pro tip
+If Defendant is an entity, search for the entity name at
Ohio Secretary of State website
+Name the entity exactly as it is stated in the SOS
record
+ “XYZ, Inc. aka XYZ”
+If the entity is not listed, it may be a proprietorship
+ “John Smith dba Smith Realty”

4. z
Pro tip
+Build a bookmark list on your browser
+ Revised Code & Administrative Code
+ Civil Rules, Evidence Rules, Ethics Rules, etc.
+ Fed. R. Civ. P., Fed. R. Crim. P., etc.
+ Court websites & local rules
+Check local court rules for additional pleading
requirements and response deadlines

5. z
Service
+Praecipe for Service by Certified Mail
+If the certified mail is returned unclaimed or rejected,
file a Praecipe for Service by Ordinary Mail
+Banks, IRS, and others have special rules

6. z
Pro tip
+If Defendant is an entity, serve at:
+ The SOS statutory agent address, AND
+ The business address, with “Attn: [officer title]”
+If the certified mail is returned “undeliverable” to a
statutory agent, send service to the SOS
+ Search “Ohio service of process on Secretary of State” for
more information

7. z
Answer
+Use your answer to tell your story
+Consider:
+ Defenses in Civ.R. 12(B)
+ Affirmative defenses in Civ.R. 8(C)
+ Counterclaims

8. z
Pro tip
+Counterclaims, if appropriate, are a source of
leverage
+If you have a defective counterclaim, include it as an
affirmative defense
+ Ex: Defendant holds a claim against Plaintiff, but the statute
of limitations has passed.
+ Include the claim as a affirmative defense of setoff

9. z
Next step: Discovery
+When you send written discovery requests, you must
send a writeable electronic copy of the requests
+In federal court, you must conduct a Rule 26(f)
conference before discovery deadlines start to run

10. z
Discovery
+Compare complaint and answer
+Check off anything Defendant admitted – no need to
ask further
+Seek evidence that would disprove Defendant’s
denials
+Seek evidence on Defendant’s affirmative defenses

11. z
Pro tip – Requests for Admission
+In Ohio state court only:
+If you send Requests for Admission along with other
discovery requests, the caption must include
“Requests for Admission”
+If not, respondent doesn’t have to respond under
Civ.R. 36(C)

12. z
Motion for Default Judgment
+Include Affidavit of Damages
+Include Affidavit of Military Service if Defendant is an
individual (search “military service search” online to
verify service if you have the SSN)
+Include Entry granting default judgment

13. z
Motion for Summary Judgment
+Partial or total
+Plaintiff or Defendant can file
+Include Affidavits for all material facts & exhibits
+Be prepared to be denied if there is a ghost of a
dispute over material facts

14. z
Responding to MSJ
+Check local rules for response & reply deadlines
+Include affidavits to demonstrate dispute of facts
+In federal court, consider Civ.R. 56(d) (need more
time for discovery)

15. z
Questions?
+Christy A. Prince
cprince@keglerbrown.com
(614) 462-5444