Chapter 6: Trial Procedure

Civil Trial Procedure: “Trial……the last resort”

1. Pleadings
   1. Complaint:
      • A Complaint must be filed by the plaintiff.
      • Complaint must be filed with the court.
      • Court will issue a summons or notice to the defendant.
   2. Answer:
      • The defendant MUST file an answer to the summon or risk loosing the case by default of the court.
      • The answer from the defendant must admit or deny the allegations in the complaint.\
2. Methods of Discovery
   • All facts involving the case must be brought forward before a trial take place.
   • Both parties must present all evidence.
   • Most cases are settled after the discovery phase.
   • Of the case cannot be settled – the court clerk will put the case on the court calendar.
3. Pretrial Hearings
   • Informal hearings before the judge to simplify the issues of the case.
   • The Judge will outline the law to the attorneys regarding the case as a final attempt to achieve an out-of-court settlement.
4. Jury Selection
   • Jurors are selected from a pool of citizens
   • Jurors purpose is to determine facts and apply the facts to the law.
   • Attorneys question jurors prior to trial to determine any biased or prejudice that might effect judgement
   • Jurors can be dismissed if there judgement is in question.
   • Attorneys will try to select jurors who might fit the case profile. (will help the case)
5. Opening Statements
   • An Introduction of the case made by both attorneys in an attempt to establish their parties intent or rationale in the case.
   • Attorneys will describe to the jury how they intend on presenting their rationale of the case.
6. Introduction of Evidence
   1. Procedure:
      1. 1st half:
      2. • Prosecution-> Defense
         • Defense-> cross examine all evidence
      3.  2nd half:
         • Defense-> prosecution
         • Prosecution cross examines defenses evidence.
   2. After opening statements plaintiff’s attorney presents these types of evidence to the jury:
      1. Legal Documents– sales slips, affidavits, bus papers.
      2. Actual Evidence– weapons, clothing, etc….
      3. Witnesses– subpoenaed individuals who have observed events relevant to the case.
      4. Expert Witnesses– qualified individuals with a certain area of expertise.
7. Cross Examinations
   • Defense cross examination if plaintiff’s witnesses and the presentation of any evidence or witnesses that support the defense case.
   • Plaintiff cross examination of defenses witnesses and the presentation of any new evidence.
8. Closing Arguments
   • Both parties present closing remarks which summarize the events of the trial and use actual evidence to support their original rationale.
9. Instructions to the Jury
   • Judge will instruct the jury on the legal procedure and laws that pertain to the case in order to produce an accurate verdict.
10. Verdict and Judgement
    • Jury deliberates on the facts of the case in a private jury room
    • Verdict in a civil case can be reach without a unanimous vote for jurors. A majority must vote “in favor of” or against the defendant.

Criminal Trial Procedure: “Trial… the last resort”

1. Arrest of the Defendant: “When does this occur?”
   1. May occur anytime by a police officer with a warrant.
   2. May occur without a warrant if officer has good reason (probable cause) or witnessed a felony or a misdemeanor that involves a breach of peace.
2. Rights of the Defendant: “Miranda Rights”
   1. Knowledge of the charge
   2. Names of police officer.
   3. Telephone call
   4. Bail
   5. Remain silent – 5th Amendment (sell incrimination)
   6. An attorney provided to you if you cannot be provided one.
   7. Right to speedy trial – due process
3. Search and Seizure:
   • When they are allowed:
     1. Permission or a search warrant
     2. Reason to believe there is a hidden weapon.
     3. An arrest in the accused home
     4. Search of car if there is reason to believe illegal items contained in vehicle.
     5. Police have the right to impound car until warrant is issued.
     6. School officials have the right to search students without a warrant.
4. The Arraignment Process: The steps before trial…
   1. The Judge’s Review
      1. Defendant must be brought before a judge immediately after arrest
      2. Judge briefs accused on his/her rights.
      3. Judge will determine if there is “cause” to continue or dismiss the case. If there is cause, the judge will refer the case to a prosecuting attorney, or D.A.
      4. Formal charges are now drawn up.
   2. Grand Jury: “Jury of Inquiry”
      • A group of citizens called together to review all information of a case to determine whether there is enough evidence to justify accusing the individual of the crime.
      • An indictment will be handed down if grand jury finds enough justification to proceed with the case.
      • Are all crimes severe enough to be sent to a grand jurt?
        • NO!
        • Petty offenses such as misdemeanors, and certain felonies are heard by petit juries.
        • A Petit Jury determines the guilt or innocence of an individual  – A Grand Jury meets in secret on major felonies to rule on possible indictments.
   3. Arraignment
      1. After the indictment, the accused must submit a plea- guilty or not guilty.
      2. A plea of guilty may result in immediate sentencing by the judge.
      3. A plea of non-guilty sends the case to trial.
      4. Bail is sent by the judge