Action Commenced by Plaintiff

1. Filing of Complaint. 2. Summons Issued. 3. Order for conference issued.

Answers and Preliminary Motion Filed

1. Attacking sufficiency of service. 2. Attacking sufficiency of the complaint. 3. Cross claim. 4. Counter claim. 5. Third party proceedings.

Rule 16 Scheduling Conference

1. Entry of Scheduling Order. a. to join parties. b. motion cut-off c. discovery cut-off. d. set final pretrial conference. e. deadline for pretrial conference f. potential trial date.

Discovery

Motions

1. Depositions 2. Interrogatories 3. Examining and copying documents 4. Examining premises

1. For Summary Judgement 2. Relating to Discovery a. Enforcement b. Protection.

Appeals

Enforcement of Judgement
1. Execution a. attachment b. garnishment 2. Contempt 3. Voluntary payment or compliance 4. Proceeding in foreign jurisdiction

Post - Trial

Trial

Final Conference / Docket Call

1. Investigate settlement 2. Establish trial date 3. Estimate time for trial

1. 2. 3. 4.

For new trial For directed trial Additur / remiittitur To alter / amend judgement

1. Select Jury 2. Opening statements 3. Plaintiffs evidence 4. Motion for directed verdict 5. Defendant's evidence 6. Plaintiff's evidence 7. Motion for directed verdict 8. Closing arguments 9. Jury instructed * 10. Jury deliberating * 11. Verdict * 12. Judgement * Jury Trial

Typical Progression of Civil Litigation

Southern District of Texas
Michael N. Milby, Clerk