Tuesday, May 8, 2012

How Does a Civil Court Case Work?

Well, to answer that it's complicated.  There are many steps that go into a trial and those steps can vary from case to case.  So every trial is different.  To help you understand a little bit more of how a civil trial works here is a video on a light hearted topic.


That video was only an example of a simple trial.  It doesn't mean that civil court cases are that simple and that the defense doesn't argue.  I had to make the scripts easy for the kids.  So here is a little more information on just how exactly civil court cases work.
Picture Credits:
http://www.flickr.com/photos/fabliaux/383476178/sizes/l/in/photostream/

     Basic Outline of a Civil Trial
  1. Complaint- Plaintiff files a complaint with the court to notify the court that they are suing.  Keep in mind there is service fee through the courts for that.
  2. Service- The court gives the complaint to a third party messenger to deliver the complain to the defendant.  That person must be over 18.
  3. Answer- The defendant writes back a response to the complaint to the court telling why they are innocent.
  4. Filing Motions- One side goes to court to ask the court for something.  Usually its to dismiss the case, ask the court to grant them access to something.  There are also many more motions those are just a few.
  5. Discovery- Both parties look for evidence and witness.  One side can ask for a deposition with the other sides witness.
  6. Jury Selection- Both parties ask potential jurors questions to see if they have any bias towards any side. (Not all civil cases have a jury)
  7. Opening Statements-  Each side gives a statement about why they are right and how.  It's in introduction.
  8. Witness examinations- Plaintiff calls a witness and asks questions.  The defense then gets a turn to cross examine the witness.  If the plaintiff wants to they can ask rebuttal questions to the defendants questions.  And so on.  Then the defense gets to call their witness, and the process starts all over again.
  9. Evidence examination- Its like the same thing as witness examination but instead of witness it's evidence.
  10. Closing statements- Each side gets to give one last word on the subject and wrap their point up.
  11. Jury Deliberation- Jury goes into separate room and deciders their verdict.  It doesn't always have to be unanimous.  It depends on the case, state law, and many other factors.
  12. Verdict- The judge reads the verdict out loud and the trial is over.
Not all of those steps are always in a civil case.  It depends on the case and all the facts to it.  That is the general gist of a civil court case though.

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