What happens in a civil trial?
A civil trial is a legal proceeding that takes place when two or more parties have a dispute that cannot be resolved through negotiation or mediation. It is a formal process where evidence is presented, witnesses are called, and a judge or jury makes a decision. Understanding the steps involved in a civil trial can help individuals navigate the legal system and prepare for the possibility of going to court.
The first step in a civil trial is the filing of a complaint. The plaintiff, who is the party initiating the lawsuit, files a complaint with the court, outlining the legal claims and requesting relief. The defendant, who is the party against whom the lawsuit is filed, is then served with a copy of the complaint.
Once the complaint is filed, the discovery process begins. Discovery is a formal process where both parties exchange information and evidence related to the case. This can include requests for documents, depositions ( sworn testimony given under oath), and interrogatories (written questions). Discovery is crucial for both parties to gather information and prepare their cases.
The next step is the pre-trial conference. During this meeting, the judge meets with the attorneys from both sides to discuss the case, clarify any issues, and set a trial date. The pre-trial conference is also an opportunity for the parties to attempt to settle the case out of court.
If the case does not settle, it proceeds to trial. The trial begins with the opening statements, where each attorney presents a summary of their client’s case and their legal arguments. This is followed by the presentation of evidence. The plaintiff presents their case first, followed by the defendant. Each party can call witnesses to testify and present documents, photographs, and other evidence.
After the evidence is presented, both parties present their closing arguments. The closing arguments summarize the evidence and reiterate the legal arguments made throughout the trial. The judge then instructs the jury (if applicable) on the applicable law and the standards for determining the case.
The jury (or judge, in bench trials) then deliberates and reaches a verdict. In civil trials, the standard of proof is “preponderance of the evidence,” meaning that the party must prove that their version of the facts is more likely to be true than not. If the jury is unable to reach a unanimous decision, it results in a hung jury, and the case may be retried.
Finally, if the jury finds in favor of the plaintiff, the judge will enter a judgment and order the defendant to comply with the relief requested in the complaint. If the defendant is found not liable, the case is dismissed.
Understanding the various stages and procedures involved in a civil trial can help individuals better understand their rights and obligations when involved in a legal dispute. It is important to consult with an attorney to ensure that your case is properly prepared and presented in court.
