🪜Civil Procedure Unit 8 – Trial

Key Concepts and Terminology

• Burden of proof requires the plaintiff to prove their case by a preponderance of the evidence in civil trials
• Standard of proof in civil cases is lower than in criminal cases (beyond a reasonable doubt)
• Voir dire process of questioning potential jurors to determine their suitability to serve on the jury
  • Attorneys from both sides have the opportunity to ask questions and challenge jurors for cause or through peremptory challenges
• Objections raised by attorneys to challenge the admissibility of evidence, testimony, or questions asked during trial
  • Common objections include relevance, hearsay, leading questions, and lack of foundation
• Motion for a directed verdict requested by either party after the close of evidence, arguing that the evidence is insufficient to support a verdict for the opposing party
• Jury instructions provided by the judge to the jury before deliberation, outlining the applicable law and how to apply it to the facts of the case

Pre-Trial Procedures

• Complaint filed by the plaintiff initiates the lawsuit and outlines the legal claims and relief sought
• Answer submitted by the defendant in response to the complaint, admitting or denying the allegations and raising any affirmative defenses
• Discovery process of exchanging information between parties, including interrogatories, requests for production of documents, and depositions
  • Enables parties to gather evidence and assess the strengths and weaknesses of their case
• Pre-trial motions filed by either party to resolve legal issues before trial (motion to dismiss, motion for summary judgment)
• Settlement negotiations may occur throughout the pre-trial process to attempt to resolve the case without going to trial
  • Mediation or arbitration may be used as alternative dispute resolution methods

Jury Selection Process

• Jury pool consists of potential jurors summoned to the courthouse for possible selection
• Voir dire questioning of potential jurors by the judge and attorneys to assess their suitability to serve on the jury
  • Questions may cover personal background, experiences, and potential biases
• Challenges for cause used to remove jurors who demonstrate bias, prejudice, or inability to be impartial
  • Unlimited number of challenges for cause available to both parties
• Peremptory challenges allow attorneys to remove jurors without stating a reason
  • Limited number of peremptory challenges available, varying by jurisdiction and type of case
• Jury empaneled once the required number of jurors (typically 6 or 12) and alternates have been selected

Opening Statements

• Purpose of opening statements is to provide an overview of the case and the evidence that will be presented
• Plaintiff's attorney presents their opening statement first, outlining the facts of the case and the legal theories supporting their claims
• Defendant's attorney follows with their opening statement, responding to the plaintiff's claims and presenting their defense
• Opening statements are not evidence but rather a roadmap of what each side expects to prove during the trial
  • Attorneys are prohibited from making arguments or drawing conclusions in their opening statements
• Effective opening statements are clear, concise, and persuasive, setting the tone for the rest of the trial

Presentation of Evidence

• Plaintiff presents their evidence first, followed by the defendant
• Types of evidence include physical evidence (documents, photographs, objects), demonstrative evidence (charts, diagrams, models), and testimonial evidence (witness testimony)
• Exhibits must be properly identified, authenticated, and admitted into evidence by the court
  • Foundation must be laid to establish the relevance and reliability of the evidence
• Direct examination conducted by the attorney who called the witness, eliciting testimony to support their case
• Cross-examination conducted by the opposing attorney, challenging the witness's credibility and the reliability of their testimony
  • Leading questions are permitted during cross-examination

Witness Testimony and Cross-Examination

• Lay witnesses testify based on their personal knowledge and observations
  • Must have firsthand knowledge of the events or facts they are testifying about
• Expert witnesses provide testimony based on their specialized knowledge, skill, or experience in a particular field
  • Must be qualified by the court as an expert in their field before offering opinion testimony
• Credibility of witnesses can be challenged through cross-examination, highlighting inconsistencies, biases, or motives to lie
• Impeachment techniques used to discredit witnesses, such as prior inconsistent statements, criminal convictions, or evidence of untruthful character
• Rehabilitation of witnesses may be attempted on redirect examination to restore their credibility

Closing Arguments

• Purpose of closing arguments is to summarize the evidence presented and persuade the jury to rule in favor of their client
• Plaintiff's attorney presents their closing argument first, highlighting the strengths of their case and the weaknesses of the defendant's case
• Defendant's attorney follows with their closing argument, emphasizing the flaws in the plaintiff's case and the merits of their defense
• Plaintiff's attorney may have the opportunity for a rebuttal argument if they reserved time
  • Rebuttal is limited to responding to arguments made in the defendant's closing argument
• Effective closing arguments are persuasive, memorable, and tie the evidence presented to the legal elements of the claims or defenses

Jury Instructions and Deliberation

• Judge provides jury instructions outlining the applicable law and how to apply it to the facts of the case
  • Instructions cover the burden of proof, elements of the claims, and any defenses raised
• Jurors are instructed to base their decision solely on the evidence presented and not on personal biases or outside influences
• Jury deliberation occurs in private, with jurors discussing the evidence and attempting to reach a unanimous verdict
  • Jurors may request clarification on the law or to review certain evidence during deliberations
• Hung jury results if the jurors are unable to reach a unanimous verdict, leading to a mistrial
  • Case may be retried with a new jury or settled by the parties

Post-Trial Motions and Appeals

• Motion for judgment notwithstanding the verdict (JNOV) filed by the losing party, arguing that the evidence was insufficient to support the jury's verdict
  • Granted if no reasonable jury could have reached the verdict based on the evidence presented
• Motion for a new trial filed by the losing party, alleging errors in the trial process or that the verdict was against the weight of the evidence
• Appeals process allows the losing party to challenge the verdict or legal rulings made by the trial court
  • Appellate court reviews the trial record for legal errors and may affirm, reverse, or modify the judgment
• Standard of review determines the level of deference the appellate court gives to the trial court's decisions (de novo, clear error, abuse of discretion)
• Appellate decisions may establish precedent, guiding future cases with similar legal issues