3/14/2019

1

Stages of a Case – Pre-Trial and Trial

From: A Guide to Legal Literacy: Understanding the US Legal System. State Bar of California, 2001.

Vocabulary review:

• Pleadings• formal court documents setting out the facts and legal arguments which

support a litigant’s position.

• Discovery• Legally required disclosure, by one party to an action to another, of

relevant testimony or documents.

• Motion• A formal application, made to a court, for an order or a ruling.

• Rebuttal• An attempt to disprove an argument by offering a counter argument.

• Verdict• The formal decision or finding made by a jury concerning

the questions submitted to it during a trial.

3/14/2019

2

THE STAGES OF A CIVIL LAWSUIT BEFORE TRIAL

The Pleadings

• A civil suit begins with the filing of a complaint in court. The person who files the complaint is called the plaintiff (claimant in England and Wales.) The person who is sued is called the defendant.

• For example, a person injured in an automobile accident is the plaintiff in a suit against the person driving the other car, the defendant, to recover money to pay for doctors' bills and car repairs.

3/14/2019

3

• After a civil suit is filed in court, the defendant must be served with a copy of the complaint and a subpoena to appear in court. The defendant then can move to have the case dismissed as lacking any legal basis or the defendant can answer the plaintiff's complaint.

• The answer is the defendant's opportunity to file a paper with the court responding to the complaint and asserting any claims that the defendant might have against the plaintiff.

Discovery

• In civil cases, each side has the opportunity before trial to obtain all of the evidence possessed by the other. This process is called discovery. A deposition is one type of discovery where the lawyer for one side questions a witness, under oath, outside of court to hear that person's story.

3/14/2019

4

• In most civil cases, there is a pretrial conference where the attorneys, and sometimes the parties, appear before a judge. A pretrial conference is an opportunity for discussion about settling the case without a trial and also a chance to resolve any issues that need to be decided before the trial.

THE STAGES OF A CRIMINAL CASE BEFORE TRIAL

• a person must be indicted by a grand jury or brought before a magistrate to determine whether there is enough evidence to try them for a crime.

• A magistrate is a judge.

3/14/2019

5

Arrest

• An arrest occurs when the police take custody of a person upon suspicion of having committed a crime. A person can be arrested before or after a grand jury indictment.

• At the time of arrest, a person has to be informed of certain basic rights.

Arraignment

• Usually within 48 hours after an arrest a person must be brought before a judge. Usually, this appearance is called an arraignment.

• At the arraignment, the person is informed of the charges and the judge determines whether there is an adequate reason to charge the person with having committed a crime.

3/14/2019

6

Bail

• The judge also usually will set bail. Bail is the amount of money that a person must give to the court to be released before trial.

• The judge may also release someone without bail, or refuse to release the person at all.

The plea

• At the arraignment, or at a subsequent hearing, the defendant is asked for an initial plea of "guilty" or "not guilty." If a defendant pleads guilty, there is no trial and the defendant will have a sentencing hearing where the judge will determine the appropriate punishment.

3/14/2019

7

Plea Bargaining

• In most criminal cases in the US, trials are avoided through a process called "plea bargaining." The prosecutor offers the defendant a compromise where the defendant pleads guilty in exchange for a reduction of the charges or a lessened sentence.

• Over 90% of all US criminal cases are resolved through guilty pleas.

• Plea bargaining is used in other countries, but not to the same extent as in the US.

Discovery

• prosecutors must disclose to the defendant any evidence that would help the defendant to establish his or her innocence.

• For example, if a prosecutor learns of a witness who can verify a criminal defendant's alibi, the prosecutor must disclose this to the defense.

3/14/2019

8

The Trial

Steps in a Trial

•Opening Statement by Plaintiff or Prosecutor• Plaintiff's attorney (in civil cases) or prosecutor (in

criminal cases) explains to the trier of fact (the jury or the judge) the evidence to be presented as proof of the allegations (unproven statements) in the indictment or complaint.

3/14/2019

9

•Opening Statement by Defense• Defendant's attorney explains evidence to be presented

to deny the allegations made by the plaintiff or prosecutor.

•Direct Examination by Plaintiff or Prosecutor• Each witness for the plaintiff or prosecution is

questioned. Other evidence (e.g.. documents, physical evidence) in favor of the plaintiff or prosecutor is presented.

3/14/2019

10

•Cross-Examination by Defense• The defense has the opportunity to question each

witness. Questioning is designed to breakdown the story or to discredit a witness in the eyes of the jury.

•Motions• If the prosecution/plaintiffs basic case has not been

established from the evidence introduced, the judge can end the case by granting the defendant's motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases).

3/14/2019

11

•Direct Examination by Defense• Each defense witness is questioned.

•Cross-Examination by Plaintiff• Each defense witness is cross-examined.

3/14/2019

12

•Closing Statement by Plaintiff• Prosecutor or plaintiff’s attorney reviews all the

evidence presented (noting uncontradicted facts), states how the evidence has satisfied the elements of the charge, and asks for a finding of guilty (in criminal cases) or for the plaintiff (in civil cases).

•Closing Statement by Defense• Same as closing statement by prosecution/plaintiff has

the right to make additional closing arguments.

3/14/2019

13

•Rebuttal Argument• Prosecutor or plaintiff has the right to make additional

closing arguments.

• Jury Instruction• Judge instructs jury as to the law that applies in the

case.

3/14/2019

14

•Verdict• In most states, a unanimous decision is required one

way or the other. If the jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried again.

• Before they begin deliberating, jurors are always instructed that they cannot discuss the case with anyone, and that they must decide the case on the basis of the evidence only.

• The jury may need more than one day to make a decision. In this case, the judge will instruct them again before they go home that they cannot discuss the case with anyone (including family members.)

3/14/2019

15

• As mentioned above, the deliberations are secret. No one who is not a member of the jury is allowed into the jury room while they are going on.

• However, if they are confused about the law, the jury may send a question to the judge. Then they will be called back in to court.

• The judge may answer the question, or he/she may decide that the question cannot be answered without influencing the jury. In that case, the judge will probably just tell the jury to read the instructions again.

• The jury may also ask to have testimony read back to it (all testimony is recorded by the court reporter) or to see certain evidence again.

3/14/2019

16

In Civil Cases:

• Juries not only decide which party is right and which is wrong, they also decide how much damages the parties should receive.

• After the jury renders its verdict in a civil case, the judge can be asked to set it aside as inconsistent with the law or evidence, or to increase or decrease the money award.

• The judge usually will disrupt the verdict only if the judge believes that no reasonable jury could have come to the conclusion that it did.

In Criminal Cases:

• If the jury decides to convict, the jury does not decide what punishment the defendant will get.• (capital cases are a major exception to this rule)

• After the jury makes its verdict, the judge will determine the punishment.

• The judge has discretion to decide the punishment within a range of penalties allowed by law.

3/14/2019

17

Remember:

• A jury is used only for trials.

• Appeals (and other challenges to the judgment) are not part of the trial, and are heard only by a judge or a panel of judges.