Steps in a Trial

First Appearance

1. To prepare for a trial both sides engage in Discovery.

2. Settling a Case

Relatively few lawsuits ever go through the full range of procedures and all the way to trial. Most civil cases are settled by mutual agreement between the parties. A dispute can be settled even before a suit is filed. Once a suit is filed, it can be settled before the trial begins, during the trial, while the jury is deliberating, or even after a verdict is rendered.

3. Pre-trial Procedures in Civil Cases
4. Jurisdiction and Venue
   The plaintiff's lawyer must decide where to file the case. A court has no authority to decide a case unless it has jurisdiction over the person or property involved. To have jurisdiction, a court must have authority over the subject matter of the case and

• the court must be able to exercise control over the defendant,
• or the property involved must be located in the area under the court's control.
  See Jurisdiction

The extent of the court's control over persons and property is set by law.

Certain actions are transitory . They can be brought wherever the defendant may be found and served with a summons, and where the jurisdiction has sufficient contact with one of the parties and the incident that gave rise to the suit. An example would be a lawsuit against a business--it would probably be sufficient to file suit in any county in which the business has an operation, and not necessary to file suit in the county where it its headquartered.

Other actions - such as foreclosing on a piece of property - are local. They can be brought only in the county where the subject of the suit is located.

Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried. The venue of a lawsuit is set by statute, but it can sometimes be changed to another county or district. For example, if a case has received widespread pre-trial publicity, one of the parties may make a motion (request to the judge) for change of venue in an effort to secure jurors who haven t already formed an opinion about the case. Venue also may be changed for the convenience of witnesses.

5. Pleadings
   A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the court that state the parties' basic positions. Common pre-trial pleadings include:

• Complaint (or petition or bill). Probably the most important pleading in a civil case, since by setting out the plaintiff's version of the facts and specifying the damages, it frames the issues of the case. It includes various counts - that is, distinct statements of the plaintiff s cause of action - highlighting the factual and legal basis of the suit.

• Answer. This statement by the defendant usually explains why the plaintiff should not prevail. It may also offer additional facts, or plead an excuse.

• Reply. Any party in the case may have to file a reply, which is an answer to new allegations raised in pleadings.

• Counterclaim. The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. ("You're suing me? Well then, I'm suing you.") It may be filed separately or as part of the answer. If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply.
  

6. Motions

Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include:

• Motion to Discover. A motion by which one party seeks to gain information from the adverse party.

• Rule 12 (b) (6) Motion to dismiss. This motion asks the court to dismiss the suit because the suit doesn’t have a legally sound basis, even if all the facts alleged are proven true.

• Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial. It is properly made where there is no dispute about the facts and only a question of law needs to be decided.

7. Pre-trial Conferences
8. Pre-trial Procedures in Criminal Cases
9. Bringing the Charge
10. Arrest Procedures
11. Pre-trial Court Appearances in a Criminal Case
12. Bail
13. Plea Bargaining
14. Civil and Criminal Trials

While there are some differences in civil and criminal trials, the basic Courtroom Procedure / Procedural Law is the same. The remaining topics in this section (see below) discuss this basic procedure, noting the differences where they occur.

15. Officers of the Court
16. The Jury Pool
17. Selecting the Jury
18. Opening Statements
19. Evidence
20. Direct Examination
21. Cross-Examination
22. Motion for Directed Verdict/Dismissal
23. Presentation of Evidence by the Defense
    The defense lawyer may choose not to present evidence, in the belief that the plaintiff or government did not prove its case. Usually, however, the defense will offer evidence.

In a criminal case, the witnesses presented by the defense may or may not include the defendant. Because the Fifth Amendment to the U.S. Constitution protects against self-incrimination, the prosecution cannot require the defendant to take the stand and explain what happened, nor can it comment or speculate on the reasons the defendant has chosen not to testify. The jury will be instructed not to take into account the fact that the defendant did not testify.

The defense presents evidence in the same manner as the plaintiff or state, and the plaintiff or government in return has the right to cross-examine the defense's witnesses. Re-direct and re-cross examination also are permitted.

24. Rebuttal
    At the conclusion of the defendant's case, the plaintiff or government can present rebuttal witnesses or evidence to refute evidence presented by the defendant. This may include only evidence not presented in the case initially, or a new witness who contradicts the defendant's witnesses.
25. Final Motions
    After all the evidence has been presented and the jury has left the courtroom, either side may move for a directed verdict. If the motion is granted the trial is over; if not, the presentation of evidence is complete and the case is ready to be submitted to the jury.
26. Closing Arguments
27. Instructions to the Jury
28. Mistrials
29. Jury Deliberations
30. Verdict
31. Motions after Verdict
32. Jury Nullification
33. Judgment
34. Sentencing
35. Appeals