As part of the presentation of evidence by plaintiffs, witnesses will be called to the stand for direct examination. During this phase, plaintiff attorneys will pose questions to witnesses surrounding the dispute in contests, as well as in some instances, solicit the opinions and conclusions of expert witnesses on a specific matter. During the cross examination of witnesses, defendant attorneys will seek to impeach, or otherwise discredit, the testimony of witnesses in a number of manners including questioning their moral turpitude, or history of being honest.
Additionally, attorneys cross-examining witnesses may produce leading questions that will attempt to promote inconsistencies in a witness' testimony during the direct examination phase. At the conclusion of the plaintiff's presentation of evidence, the defense will attempt to motion for dismissal or a directed verdict of the suit by the judge for the inability of the plaintiff to produce a preponderance of the evidence proving their liability.
Typically, a judge will deny this motion, and the defense must proceed in presenting their contentions and evidence. Additionally, defense attorneys in a civil case can present witnesses, directly examine them, and re-cross examine previous witnesses. Following the defense presentation of evidence, plaintiffs are afforded to opportunity to refute these claims through the rebuttal phase of a civil trial.
After this phase is complete, each side, plaintiff and defendant, may make final motions to the judge, which may request a directed verdict and avoid sending the jury into deliberations. Generally, however, judges will deny these motions in the vast majority of cases, and so, both sides will prepare closing arguments to the jury.
In the closing arguments phase, both sides will issues summations, or seek to review and reiterate are pertinent points of the case to the jury or judge. Additionally, the lawyers and attorneys cannot introduce anything new during this phase that has not otherwise been mentioned previously in the civil trial.
Since these are often private matters, such trials can be very expensive. One major difference between a criminal trial and a civil trial is that the latter is heard in a civil court.
Although some of the proceedings may vary, the civil process is characterized by many of the same procedures as a criminal trial. The party who files the case is known as the plaintiff and the person against whom accusations are made is known as the defendant.
Both parties generally have rights to legal representation and there is also commonly an opportunity to have a jury trial. There are a wide range of matters that can prompt people to lodge civil claims. These include unpaid debts, property damage, and personal injury. The trial process often involves motions and hearings. Various types of evidence may be presented or suppressed. For Spanish speakers he and Dr. Join Dave's over , followers on Twitter.
Shestokas, Attorney at Law and Constitutionally Speaking. Accordingly, of the copies of the proposed Constitution that legislature ordered, were in German. David J. Motions in the Early Stages Once the complaint and answer have been filed with the court, attorneys for both sides consider proper motions.
Discovery and Pre-trial The next part of the process is discovery. Trial and Judgment At the trial, the plaintiff presents evidence first to a judge either in a bench trial or a group of citizens in a jury.
Appeals The losing party may file an appeal if they believe the outcome was incorrect legally. Enforcement When a judgment becomes final in favor of the defendant, the plaintiff may not file suit on the same basis in the future. Twists and Turns The above outlines the basics of how a civil lawsuit proceeds. For Further Reading. Shestokas says:. November 19, at am. January 30, at pm. February 2, at am. February 4, at am. The Law of Negligence David J. February 4, at pm.
July 14, at am. The USA vs. King George. Or as we know it, the Declaration of Independence David J. January 26, at am. March 15, at am. December 4, at pm. How Do Lawsuits Work? March 16, at am. January 12, at am. Civil Litigation — Ultimate Writer 1 says:. February 21, at pm. Evidence says:. June 13, at am. Connect with Dave. View My Blog Posts.
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