The Trial Process

Discovery or Finding of Facts

Motion for Summary Judgment

Pretrial Order

The Trial Process

Filing the complaint and the defense's motions.

Pleading Stage

Trial Stage

Pretrial Stage

• Appeals

Post Trial

Seating of the jury, testimony on behalf of the plaintiffs and testimony on behalf of the defendants.

Filing a Complaint

Summons

Motion for Judgment

Jury Selection

Opening Statements

Plaintiff Testimony

Defense Testimony

Redirection and Recall

Closing Arguments

Charge to the Jury

The Verdict

Judgment

Student's names:Ever QuintanillaJulia Rivera

Concluding arguments, judge's charge to the jury, jury deliberations, announcement of judgment, motions for new trial or appeal.

Motions to Dismiss

Discovery process, finding of facts.

• Jury Selection - From a pool of potential jurors, individuals are questioned in a process known as voire dire to determine suitability to serve as impartial juror in the specific case. The judge and counsel for both parties are involved in voire dire process, with each party trying to impanel individuals who may be sympathetic to their cause.
• Opening Statements - Statements to the jury made first by the plaintiffs' attorney and then by the defense attorneys setting up the circumstances and rationale of the legal complaint (plaintiffs) and the reasons for dismissing the claim (defense).
• Plaintiff Testimony - The first part of the actual trial proceeding consists of the plaintiffs presenting their witnesses and experts to present the arguments and justifications for the complaint. The defense is permitted to cross-examine each witness in an attempt to dismiss, discredit, or disprove the witnesses statements.
• Defense Testimony - After the plaintiffs' case is presented, the defendants present their case in much the same way using witnesses and experts that present direct testimony, followed by cross examination by the plaintiffs' counsel.
• Redirection and Recall - At the discretion of the judge, each witness can be redirected after cross examination by either the counsel. If critical information is not divulged during the initial testimony, counsel can request to recall a witness to the stand for additional questioning and cross examination.
• Closing Arguments - Counsel for the plaintiffs and defense summarize their clients positions to remind the jurors of the facts presented in their case and to convince the jurors of veracity of their cause. Closing arguments are typically intended to be dramatic and pointed for effect.
• Charge to the Jury - The judge orally provides the jury with specific instructions regarding its evaluation of the case. The jury is then dismissed to deliberate, in private, the outcome of the case.
• The Verdict - Following deliberation, which may take hours to days, the jury presents their finding(s) to the court.
• Judgment - Following the receipt of the verdict, the court can rule and concur requesting final judgment, or determine if a new trial is required, or if the case should be dismissed.

• Appeals - The party that the court ruled against has the right to file an appeal for the case to be heard in a court at a higher venue.

Discovery or Finding of Facts - There are generally two aspects of discovery. One consists of a series of questions, known as interrogatory questions, which are posed by the plaintiff's attorney to the defendant's attorney. The other consists of recording a witnesses sworn testimony, known as a deposition. Depositions typically take place outside the courtroom, before a court recorder, with opposing counsel asking questions of the witness. Motion for Summary Judgment - At the conclusion of discovery, the court will typically review the facts of the case and determine if there is sufficient merit to proceed to trial or to encourage the parties to settle. If the finding of facts determines the case to be frivolous or non-substantiated, the case is dismissed. Pretrial Order - If a substantial basis for the case is determined, the court will meet with and notify the parties of the trial schedule.

• Filing a Complaint In civil proceedings the complaint is the official engagement of the plaintiff with the defense regarding the proposed "injustice" caused by the defense. This is a formal document submitted by the plaintiff to the court having jurisdiction over the complaint.
• Summons - Notification by the court in which the complaint is filed as an action being brought against the defense. Service of the summons typically requires a response from the defense within a 30-day period. No response from the defense can trigger a default judgment for the plaintiff.
• Motions to Dismiss - These are the defense's response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the complaint.
• Motion for Judgment - Following the defendants response to the plaintiffs claims, the parties can either choose to settle or request a judgment based on the evidence presented, or the court can decide to continue toward resolving conflict at trial. If there is no judgment made, the case proceeds to the pre-trial stage.