Part I

Sources of Corrections Law

Chapter 4 - Going to Court

Introduction – Chapter provides information on appearing in court, either as a witness or party in a case

Most common: being called as a witness for a civil case

More serious: when you yourself are being sued

In either case, should treat as a serious matter

Chapter Outline

You Are Summoned Getting Representation Step by Step Not Going to Trial Trial Appeal

You Are Summoned Served by an official of the court or by

certified mail Summons indicates the time by which

the defendant must respond to the complaint The time is the legal deadline for filing

an answer in court (often thirty days) The complaint is attached to the

summons

You Are Summoned: cont’d

The complaint states Who is bringing the action

[plaintiff(s)] Who is being sued [defendant(s)] The allegations made by the plaintiffs

– statement of “facts” The relief (injunction, declaratory,

monetary damages) being requested

Getting Representation

Important steps for the defendant Retain all papers, including the

envelope, noting the date and time received, in which the papers were mailed or carried

Don’t discuss complaint with the plaintiff

Do immediately notify supervisor about the lawsuit

Getting Representation: cont’d

Do “get yourself a lawyer” Ordinarily provided information on how

to do this during orientation Get representation even if lawsuit

appears frivolous or ridiculous, or you know nothing about the facts that are in the complaint

Take all the papers received, and any notes you made, and other relevant information, to the attorney

Getting Representation: cont’d

Ordinarily, employee will be represented by government lawyers or, in some cases, by outside counsel hired by the agency Done at no financial cost to employee

Getting Representation: cont’d This assumes employee was operating

within the “scope of employment” If the employee was, the government will

take responsibility for his actions If the employee was not, the government

may decline representation Employee, when representation is

declined, is notified and must still secure such representation, at his own expense

Getting Representation: cont’d “Scope of employment” refers to the

employee having acted in such a manner that the government will take responsibility for his actions. Factors in making this determination include: Agency philosophy Agency policy Employee’s job description Post orders Training

Getting Representation: cont’d

Liability insurance – covers actions within scope of insurance policy

Insurer may have a tendency to want to settle to avoid costs of litigation This could be detrimental to prison

administration by serving as an incentive for inmates to sue, regardless of merit

Step-by-Step Complaint is served by summons Representation is secured Employee provides her legal counsel

with the required information needed for the response

Answer is filed in response to the complaint

Must be filed by court specified deadline

Step-by-Step: cont’d

Employee’s attorney may file motions to dismiss the case for such reasons as Improper service (notice) of the

complaint Lack of court jurisdiction No basis for judicial relief

Step-by-Step: cont’d

If the case is not dismissed, discovery occurs

Four types of discovery Interrogatories – written questions

submitted by one side for response by the other side

Step-by-Step: cont’d

Depositions – questions asked in person and under oath, and their responses

A court reporter takes down what is being said

No judge is present Purpose of this process is to try and nail

down what testimony the other side has, and to get an idea of the strengths and weaknesses of the overall case

Step-by-Step: cont’d Motions to produce documents –

obtaining written information from the other side

Excludes attorney work product, such as notes taken by the attorney during the interview of the employee she is representing

Step-by-Step: cont’d Requests for admissions – one

party asking the other whether it is true that certain facts exist

Intended to identify information that is not in dispute

Not Going to Trial Motion for summary judgment –

effort to have case dismissed Attorney files motion alleging her

party is entitled to win the case, based on the law governing the case, because the facts shown in affidavits (sworn written statements) and other documents are not in dispute and do not require trial

Other side has opportunity to respond

Not Going to Trial: cont’d

Court decides whether to deny, in which case, the court process continues, or to grant If defendant’s motion for summary

judgment is granted, the case is dismissed

If plaintiff’s motion is granted, court decides appropriate relief, such as money damages and injunction

Not Going to Trial: cont’d

If case proceeds to trial, may see settlement discussions prior to the trial beginning Such an outcome is less likely in

prison cases

Trial May occur with or without a jury – the jury

is solely a fact-finding body As a defendant, employee may be called

to testify Employee may also be called as a witness If called to testify

Notify superiors Contact the attorney who is calling you,

to learn more about your role as a witness

Trial: cont’d

Some basic rules for being a witness Review records and reports available to

you that relate to the facts of the case Do not memorize your testimony

Dress and act professionally Try to remain as calm as possible

Take the time you need to answer the question

Trial: cont’d

Answer only the question asked, exactly as it is given to you

If you don’t understand a question, ask for clarification

Answer as briefly as you can If you do not know the answer to a

question, say so If a wrong or misleading answer has

been given, clarify your answer as soon as you can

Trial: cont’d In response to a question, it is okay to

say that you have discussed your testimony before trial with your attorney and other appropriate parties

Be courteous – if the judge or an attorney interrupts, stop talking and wait for someone to tell you to go on

Trial: cont’d At the end of all testimony, the

attorneys will summarize the points that are made and most favorable to their clients

If there is a jury, the judge will give instructions These are the rules that must be

used to decide the facts of the case

Trial: cont’d After deliberations, a verdict is

returned If defendant wins, the case is dismissed If plaintiff wins, the court must decide

the appropriate relief After the verdict and damages are

decided, the court enters a judgment This is the official court order

Appeal

May be filed by the attorney for the losing party There is a time limit for this filing

In a civil case, either side may appeal The government may provide the employee

with representation at no cost Appeal is filed in an appellate court – for

example, in the federal system, the appeal is filed in the court of appeals for that circuit

Appeal: cont’d

Appeal is handled by papers being filed Court will set an argument date for

the appeal A lawyer for each side will argue the

case Arguments are primarily on the legal

merits of what has occurred in the trial court

Appeal: cont’d

Appeals courts ordinarily don’t review the case facts

Only the issue of whether certain facts should not have been considered, and the issue of whether there is enough evidence in the record to support the verdict will be reviewed

Appeal: cont’d

Judgments that are approved (affirmed) in the appellate courts are returned as final

If the appellate court finds significant mistakes were made, it will return the case to the trial judge with instructions on how to proceed

If the case has to be tried over, this is called a reversal and a remand.

Appeal: cont’d

In practice, the right of appeal, as just described, is up to the first level of appeal, the appellate court

Subsequent appeals (to the state Supreme Court, or to the United States Supreme Court) may be requested by the losing party, but those courts may decide not to hear the case