The Step-by-Step Process of a Jury Trial in a Civil Case
Going through a jury trial in a civil case can seem like a lot, but breaking it down step-by-step makes it easier to understand. Here’s a straightforward look at what happens:
1. Pre-Trial Matters
Before the trial even starts, there are some important things to handle. One big one is motions in limine.
Motions in Limine: These are requests made before the trial to keep certain evidence out of the courtroom. Lawyers might want to exclude stuff that’s irrelevant, prejudicial, or just plain confusing. The judge decides on these motions to make sure the trial stays fair. These are important because it sets the stage. Winning or losing these motions sets the stage for trial and can severely help or hurt the rest of the case. You don’t want to lose a case before it begins.
2. Jury Selection (Voir Dire)
First up, we need a jury. During voir dire, lawyers ask potential jurors questions to weed out anyone who might be biased. The goal is to get a fair and impartial jury. This is an important step in finding who is going to be fair. Sure, you want people that will like your case, but what you really want, is to avoid people that have bias. That can easily kill an otherwise good case.
3. Opening Statements
With the jury in place, both sides give their opening statements. This is like a preview of what each side plans to prove. The plaintiff goes first, then the defendant. This is your opportunity to connect with the jury, which is critical. If you want the jury to believe you, you have to believe in what you are saying. This is an opportunity to be yourself, which jurors crave.
4. Presentation of Evidence
This is the meat of the trial. Here’s how it goes:
• Direct Examination: The plaintiff presents their evidence, calling witnesses and showing documents.
• Cross-Examination: The defense gets to question those witnesses to poke holes in their stories.
• Defense’s Evidence: Then it’s the defense’s turn to present their evidence, with the same process of direct and cross-examination.
5. Closing Arguments
After all the evidence is out there, both sides make their closing arguments. This is their last shot to convince the jury. The plaintiff goes first, then the defense, and the plaintiff can offer a rebuttal.
6. Jury Instructions
The judge gives the jury instructions on the laws they need to apply and what they need to consider when making their decision.
7. Jury Deliberation
The jury heads to the deliberation room to discuss the case in private. They go over the evidence and try to reach a unanimous decision. This can take a while.
8. Verdict
Once the jury reaches a decision, they come back to the courtroom, and the verdict is read aloud. The jury decides in favor of either the plaintiff or the defendant, and if the plaintiff wins, they might also decide on the damages.
9. Post-Trial Motions
After the verdict, the losing side might file post-trial motions. These can include requests for a new trial or changes to the judgment. The judge will rule on these motions. Examples include motions for a judgment notwithstanding the verdict.
10. Appeal
If someone’s not happy with the outcome, they can appeal to a higher court. The appellate court looks for legal errors that might have affected the verdict. This process can take some time. Having an attorney with appellate experience during trial is priceless.
And there you have it! Each step is crucial to making sure the trial is fair and just. If you have any more questions or need more details, just reach out to go over options!
