12.2 Civil Pleadings, Discovery, and Remedies
Key Takeaways
- A complaint or petition initiates a civil claim; an answer responds, and a counterclaim asserts a claim against an opposing party.
- Discovery includes depositions, interrogatories, requests for production, admissions, subpoenas, and examinations under applicable rules.
- Summary judgment seeks decision without trial where the governing standard is met; settlement resolves by agreement.
- Damages, injunctions, declarations, and specific performance are distinct forms of relief.
Pleadings
A complaint commonly starts a civil action by alleging claims and requesting relief. A petition serves a similar initiating function in many special proceedings. The responding party may file an answer, admitting, denying, or stating defenses. A counterclaim asserts a claim against an opposing party; a crossclaim may assert a claim against a coparty; a third-party complaint brings another person into the litigation under applicable rules.
A motion to dismiss asks the court to dispose of claims for a legal reason. It is not itself a dismissal. The reporter distinguishes request from ruling. An amended pleading replaces or changes an earlier pleading as authorized; use the current caption and version.
Discovery
Discovery is pretrial exchange and development of information. Common tools include:
| Tool | Function |
|---|---|
| Deposition | Sworn oral testimony recorded outside trial |
| Interrogatories | Written questions answered under rule |
| Request for production | Seeks documents, data, or tangible items |
| Request for admission | Asks a party to admit specified matters |
| Subpoena | Commands attendance, testimony, or production |
| Examination | Physical or mental examination when authorized |
A protective order can limit discovery use or disclosure. A motion to compel asks the court to require compliance. Sanctions are consequences imposed for violations under authority. The reporter captures discovery hearings and deposition events but does not resolve scope or privilege.
Deposition terminology
The noticing party schedules under applicable rules. The deponent testifies. Objections may be stated, and counsel can instruct a witness not to answer in limited circumstances under governing law. A duces tecum component commands production of documents or things. A 30(b)(6) witness in federal practice is designated to testify for an organization on noticed topics.
Read and sign is shorthand for transcript review; in federal Rule 30(e) practice the request and 30-day process have specific requirements. An errata sheet lists changes and reasons; it does not authorize invisible alteration of source audio.
Dispositive and pretrial motions
Summary judgment seeks judgment without trial when the governing standard shows no trial-worthy factual dispute and the movant is entitled to judgment as a matter of law. Partial summary judgment addresses fewer than all claims or issues. A motion in limine seeks an advance evidence ruling. A temporary restraining order and preliminary injunction seek urgent or interim equitable relief, subject to distinct standards.
Resolution and remedies
A settlement resolves by agreement; a consent judgment or stipulated order may embody agreement with court authority. Mediation facilitates settlement; arbitration produces a private adjudication.
Compensatory damages aim to compensate loss. Punitive damages punish or deter where law permits. Nominal damages recognize a violation with little proven loss. An injunction orders or prohibits conduct. Declaratory relief states legal rights. Specific performance orders contractual performance where available.
The reporter should not summarize a remedy with an inaccurate label. Capture the court's language and figures exactly.
Judgment and enforcement
After judgment, parties may seek costs, fees, stays, execution, garnishment, liens, or discovery in aid of execution. An appeal seeks review; it does not automatically stay enforcement unless law or order provides. A satisfaction of judgment records payment or fulfillment.
Exam distinctions
Complaint starts; answer responds. Discovery develops information; trial adjudicates. Motion asks; order decides. Damages pay money; injunction directs conduct. Settlement is agreement; summary judgment is judicial decision. These functional distinctions prevent terminology errors.
Exam application
A deposition subpoena requests records, counsel later moves to compel, and the court enters a protective order limiting access. These are three different legal events: command, request for enforcement, and controlling protection. The reporter should preserve their stated identifiers and apply the entered order to file handling without advising whether the subpoena was valid. If a settlement occurs later, existing retention and confidentiality duties do not vanish unless authority changes them. Follow the matter's actual documents and status.
Review checkpoint
A civil case may use several documents with overlapping names. The complaint alleges and requests relief; an answer responds; a counterclaim asserts another claim; a motion asks for a ruling; an order supplies the ruling. Tie each term to function before memorizing examples.
For transcript work, capture the remedy precisely. Compensatory damages, punitive damages, restitution, injunction, and specific performance do not all mean “money awarded.” Numbers, currency, percentages, dates, and conduct ordered deserve immediate verification when audio is unclear. The reporter records the remedy the court states and does not calculate or interpret additional relief.
Which discovery device consists of sworn oral questioning recorded before trial?