Checking on rules - starting an encounter

[Dwarfi]

Hello everyone, I read through the PHB part about starting an encounter, but it confuses me a bit when in use, so I would like to countercheck how this is done correctly.

1: both partys are unaware of each other until:
2: Spot/ Listen checks - are spot/listen checks always made against a monsters hide/move silently check or against a surrounding based check? Usually a walking character is not trying to hide or move silently, a monster in a swamp might though.

3: result: Only 1 side is aware > start of a  surprise round, where you can make limited actions. Enemys unaware are flat footed.

after that or:
4: Both are aware of each other: Roll for initiative and begin the turn.

Question there: Even if both are aware of each other, is a character flat footed until he takes his first turn or is he automatically not flat footed once he is aware of the enemy?

Thanks again everyone

[Garryl]

Regardless of awareness, you're flat-footed until your first turn in the regular initiative order or you otherwise get a chance to act (surprise round, White Raven Tactics, etc.). It's based on whether you've acted or not, not whether you are aware or not.

[phaedrusxy]

are spot/listen checks always made against a monsters hide/move silently check or against a surrounding based check?

If they're not hiding, then a large creature in the open has a 0 DC to Spot (modified by distance). There are also maximum distances that you can spot things at, based on terrain. Here is an old discussion thread.

[awaken_D_M_golem]

JaronK had a thread on this back-in-the BG day.

Encounter: The Definition
http://brilliantgameologists.com/boards/index.php?topic=11923

Off Hand, I'd say at some point you're on your own.
_{But that's with an Off Hand, which I think might be -8 right now, pending a nominal PsyRef.}

JaronK
... so "the sun just came up" isn't an encounter ...

Hey now, speak for yourself.
Vampires and partying college students disagree totally.