Civil Trial Procedures Section - 2.2A

Criminal Cases deal with offenses committed against the public at large. Civil Cases File a complaint with the court Attorneys then investigates the case

Alternative Dispute Resolution Definition Parties try to resolve disagreements outside of court Mediation 3rd party (mediator) helps two parties find a solution Make suggestions for both parties Parties DO NOT have to agree with suggestions Arbitration 3rd Party (arbitrator) comes up with a solution Makes a decision for both parties Parties MUST AGREE with decision

Reactive vs. Proactive Reactive Methods Proactive Methods Occur AFTER a dispute has arisen. Mediation Arbitration Proactive Methods Occur BEFORE a dispute has risen.

Pleadings Plaintiff files a complaint Defendant files an answer What happened (allegations) When it happened What relief is being sought Defendant files an answer Response to the complaint that was filed

Pre-Trial Hearing Parties meet with the judge Try to handle it before the actual trial Simplify any issues that may come up

Selecting the Jury Select jurors from a pool Try to find someone who will be fair Look at Backgrounds Education Experiences

Opening Statements Attorney explains what they INTEND TO PROVE May introduce the facts of the case Plaintiff goes first

Intro to Evidence Plaintiff goes first Pieces of Evidence are entered into the court Contracts Weapons Photographs Witness testimony Subpoena – ordered to appear and testify Defense can cross examine witness after Plaintiff asks questions Defense then presents their evidence Plaintiff can cross examine the Defense’s witness

Closing Arguments Plaintiff goes first Summarize evidence they presented Persuade the jury/judge on why they should rule in their favor.

Instructions to Jury Judge explains the process to the jury Explains the law they are to rule on

Verdict & Judgment Verdict Judgment Jury or judge’s decision . They will find in favor of one of the parties Judgment After verdict Court’s determination of the decision

Remedies What the defendant has to do. Types of remedies Payments of money Specific Performance Do what was promised in a contract; perform an action Injunction Stops individuals from performing an action.

Execution of Judgment Actual carrying out of the remedy If you are receiving $500 When they pay you, that is the execution of judgment