14.3 The Life Cycle of a Case
Key Takeaways
A federal civil case typically moves from complaint and service to answer or Rule 12 motions, discovery, summary judgment, pretrial, trial, judgment, post-trial motions and appeal.
A federal criminal case typically moves from arrest and initial appearance through detention, charging by indictment or information, arraignment, motions, plea or trial, sentencing and appeal.
In federal civil cases, a notice of appeal is generally due within 30 days after entry of judgment; in criminal cases, a defendant's notice is due within 14 days (FRAP 4).
Discovery, especially depositions, generates most civil transcripts; criminal cases generate transcripts of hearings, pleas, trials and sentencings.
Blueprint topic 40301 asks you to describe each phase in the life cycle of a case. Knowing where a proceeding falls tells you what vocabulary to expect and why the transcript matters.
A civil case
| Phase | What happens | Transcripts produced |
|---|---|---|
| Pleadings | Plaintiff files a complaint; defendant is served with a summons; defendant files an answer (possibly with affirmative defenses and counterclaims) or a motion to dismiss (FRCP 12) | Motion hearings |
| Discovery | Initial disclosures; interrogatories; requests for production; requests for admission; depositions; subpoenas to non-parties | Depositions, the largest source of civil transcripts; discovery dispute hearings |
| Dispositive motions | Summary judgment (FRCP 56) where no genuine dispute of material fact exists | Motion hearings |
| Pretrial | Pretrial conference, pretrial order, motions in limine; settlement talks or mediation | Conferences, hearings |
| Trial | Jury or bench trial | Trial transcript |
| Judgment and post-trial | Judgment entered; renewed motion for judgment as a matter of law (FRCP 50(b)); motion for new trial (FRCP 59) | Post-trial hearings |
| Appeal | Notice of appeal, generally within 30 days after entry of judgment (FRAP 4(a)(1)(A)); the record, including transcripts, goes to the appellate court | Transcripts ordered for the record on appeal; oral argument |
| Enforcement | Execution on the judgment; examination of the debtor in aid of execution | Aid of execution examinations |
Most civil cases settle before trial. The deposition transcript is often the most important record the case ever produces.
A criminal case (federal outline)
| Phase | What happens | Transcripts produced |
|---|---|---|
| Investigation and arrest | Arrest on a warrant or complaint; grand jury investigation | Grand jury (secret, FRCrP 6(e)) |
| Initial appearance | Charges and rights explained; counsel appointed if needed | Hearing transcript |
| Detention / bail | Release conditions or detention decided (compare the Scalini bail review hearing) | Detention hearing |
| Charging | Felonies are charged by grand jury indictment (or by information if the defendant waives indictment); a preliminary hearing may test probable cause | Preliminary hearing |
| Arraignment | Defendant hears the charge and enters a plea: guilty, not guilty or, with court consent, nolo contendere | Arraignment transcript |
| Pretrial motions | Suppression, discovery, dismissal motions | Evidentiary hearings |
| Plea or trial | Most cases end in a guilty plea; FRCrP 11 requires the court to address the defendant personally in open court | Change-of-plea hearing (the Rule 11 colloquy) or trial transcript |
| Sentencing | Presentence report, allocution, sentence | Sentencing transcript |
| Appeal | Defendant's notice of appeal generally within 14 days (FRAP 4(b)(1)(A)) | Transcripts for the record on appeal |
| Post-conviction | For example, a motion to vacate under 28 U.S.C. § 2255 | Evidentiary hearings |
Federal law makes arraignments, pleas and sentencing proceedings part of the record the reporter or recording system must preserve (28 U.S.C. § 753(b)), and these proceedings are often transcribed for appeals and post-conviction motions.
Why the life cycle matters to a CET
- Terminology: a deposition in the discovery phase produces words like interrogatories, production, 30(b)(6) designee; a sentencing produces guideline range, allocution, supervised release.
- Urgency: appeals and sentencing run on deadlines, so transcripts for them are often ordered expedited.
- Accuracy stakes: an appeal is decided on the record. The transcript you produce for a trial is the evidence the appellate court reads.
- Context for judgment calls: knowing a hearing is a Rule 11 plea colloquy tells you the judge will ask a series of required questions, so a missing answer is worth rechecking.
Following one case through its transcripts
Imagine a truck-accident lawsuit filed in federal court on diversity grounds:
- Month 2: a hearing on the defendant's Rule 12 motion to dismiss. The transcript is mostly the judge and two attorneys arguing the law; case citations are read aloud (Chapter 16).
- Months 4 to 12: discovery. Depositions of the driver, the plaintiff, two eyewitnesses, the trucking company's Rule 30(b)(6) designee and the treating physician. Each is its own transcript with its own title page, read-and-sign decision and exhibits. The physician's deposition is full of medical terms (Chapter 18).
- Month 14: a summary judgment hearing, again mostly argument.
- Month 18: a five-day jury trial: five volumes, each with an index, and pagination either continuous or volume-prefixed (Chapter 8).
- Month 19: the losing party orders the trial transcript for its post-trial motions and appeal, often on an expedited schedule.
- Month 30: after the appeal, an examination in aid of execution if the judgment is unpaid.
One case can produce dozens of transcripts by different transcribers. Consistent spelling of names across them depends on shared word lists and careful research (Chapter 13).
Vocabulary by phase
| Phase | Words you will hear |
|---|---|
| Pleadings | complaint, summons, service, answer, affirmative defense, counterclaim, motion to dismiss |
| Discovery | interrogatories, requests for production, requests for admission, deponent, subpoena duces tecum, meet and confer, motion to compel |
| Pretrial | summary judgment, motion in limine, pretrial order, stipulation |
| Criminal pretrial | initial appearance, detention, indictment, information, arraignment, suppression |
| Trial | voir dire, opening statement, case-in-chief, rests, rebuttal, charge conference, verdict |
| After trial | judgment, JMOL, new trial, sentencing, allocution, notice of appeal, execution |
In a federal civil case, which phase produces most deposition transcripts?
Pleadings
Enforcement
Appeal
Discovery
Under FRAP 4(b)(1)(A), how long does a federal criminal defendant generally have to file a notice of appeal?
30 days
14 days
60 days
7 days
Which document charges a federal felony when returned by a grand jury?
An indictment
An information
A complaint for damages
A subpoena duces tecum
Sections you finish are checked off in the contents.