1. Civil Trial Procedures
Section - 2.2A

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

3. 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

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

5. 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

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

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

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

9. 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

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

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

12. 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

13. 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.

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