Civil trial procedure

The complaint

1 CE

The content: - Facts on which the action is based, damages alleged, judgment or relief.
The plaintiff initiates the civil suit vs. the defendant or the respondent.
Pay a fee and file the complaint or petition with the Clerk of the proper court.

The answer

2

Counterclaims ¡, creates a separate action - plaintiff answers the counterclaim admits, denies and defends against allegations of fact.
defenses, to bar the plaintiff form recovering damages.
denials need to be proven during the trial.
admissions, no need to prove facts.
the defendant after the ruling of the court over the motions.

The discovery.

3

Each party is entitled to the information in possession of the other.
- depositions (witnesses. outside the court)
- interrogatories (under oath, only parties)
- production of documents (requested)
- Examination by a physician (question about physical or mental condition of one of the parties)

The pretrial conference.

4

Conference in the judge´s chambers with the lawyers.
- Stipulations (agreement on uncontested factual issues, to reduce the number of issues to be argued in court)
- share list of witnesses and documents
- try to settle the case

The trial

5

Jury selection - voi dire examination
opening statements - in what order, importance
presentation of the plaintiffs case - witness examinations and cross examination, documents, exhibits
Motion for direct veredict - the results of the motion
presentation of the defendant´s case - examination
plaintiff´s rebuttal
answer to plaintiff´s rebuttal

The trial 2

6

• Closing arguments - summations to the jury
• Instructions to the jury
• The verdict - possibilities and results
• Post trial motions - motions for judgment, motion for a new trial, motion for relief. Judgement and execution - (no sentence, but determination of remedy or damages to be assessed. Appeals - basis for the appeal set during the trial. outcome the appeal.