Process of a Civil versus a Criminal Case
Civil case
The civil justice process is the system that exists to settle disputes between citizens, both individuals and organizations.
The burden of proof in a civil case is on the party filing suit, and it requires proof by a preponderance of the evidence,
which means that the events alleged to have occurred more likely than not occurred. The right to trial by jury does not
apply to civil cases. Some civil cases are tried before a jury; some are tried before a judge or other arbiter.
The case begins with the filing of a complaint. The party filing the suit is called the plaintiff. The party being sued is called
the defendant. In a civil case, the complaint typically asks for money damages, but it can also seek what is called
injunctive relief, which means that the court is being asked to order the defendant to do or, more commonly, refrain
from doing something.
The party or parties sued then file an answer. Once the pleadings from all the parties are filed, the case enters what is
usually called the discovery phase. During the discovery phase, the parties are trying to learn as much as they can about
the nature and the merits of the other party's position. The discovery phase may include requests to produce
documents, written questions of the other party called interrogatories, or depositions, which are face-to-face questionand-answer sessions under oath.
After discovery is completed, a trial date is set. If it's a jury trial, the lawyers will question prospective juries and select a
jury. The trial begins with opening statements, in which the lawyers describe for the judge or the jury what they expect
the evidence to show. Evidence is then presented, first by the plaintiff, then by the defendant. Most of the evidence
typically consists of live testimony from witnesses, but the parties will also introduce documents and other papers that
may be relevant to the merits of the case.
After all the evidence is taken, both sides make closing arguments, in which the lawyers suggest to the judge or jury
what the evidence they have just seen means. The judge or jury then takes the evidence and renders a decision.
The losing party has the right to appeal the decision to an appeals court. The role of the appellate court is to examine
the record of the lower court proceeding for reversible error. All of the records from the lower court proceeding, such as
transcripts of the testimony and other evidence introduced at trial, are sent to the appellate court for their review. The
appellate court does not conduct a new trial. Instead, it usually hears oral arguments from the attorneys for both sides.
After hearing the arguments and reviewing the record, the court will either affirm or reverse the lower court decision (it
can affirm some parts and reverse others). In some cases, it will remand the proceedings back to the lower court for a
new trial. If it refuses to hear an appeal, the decision of the lower court will be final.
An appeal from the appeals court can be made to a final appellate court (U.S. Supreme Court in the federal system, State
Supreme Court in the state system). As with the appellate court, the supreme court will review the record, hear oral
arguments (if necessary), and render a decision. All decisions of the supreme court are final.
CIVIL CASE PROCESS
1. Cause of Action
 Dispute between (among) parties, cause of action arises
2. Filing
 Case (complaint) filed in Superior Court Clerk's office
 Case number assigned by Clerk
3. Service
 Service of summons and complaint upon defendant(s) by sheriff, constable, or any individual 18 years of
age or older who is not a party to the action
4. Answer
 Defendant(s) must respond to complaint (file an answer) within 20 days of date of service
 If no answer filed within 20 days, plaintiff may obtain default judgment against defendant for amount
claimed in complaint
5. Discovery
 Discovery process between (among) the parties, during the course of which various motions may be
filed, for example motions to compel production of documents or motions for more responsive answers
6. Assignment to Trial Pool
 Plaintiff or defendant files motion to assign case to the trial calendar
7. Motions
 These may be filed at any time before entry of judgment and are in addition to those outlined under
"Discovery" above
 Motion for judgment as a matter of law may be deemed appropriate at any point in the proceedings
8. Pretrial Conference
 A pretrial conference may be conducted on the day before or the day of trial
9. TRIAL
 Attorneys for each side present opening statements which describe the evidence that they will be
presenting during trial and what that evidence will indicate.
 Plaintiff’s attorney presents evidence in support of the party filing suit; usually live witness testimony,
statements made by witnesses under oath (depositions), stipulations (facts agreed to by by the parties),
or other physical evidence (such as documents, photographs, etc.)
 Defendant’s attorney cross-examines plaintiff’s witnesses
 Plaintiff’s attorney may re-examine their witnesses (redirect)
 Defendant’s attorney presents evidence in support of the party being sued; usually live witness
testimony, statements made by witnesses under oath (depositions), stipulations (facts agreed to by by
the parties), or other physical evidence (such as documents, photographs, etc.)
 Plaintiff’s attorney cross-examines defendant’s witnesses
 Defendant’s attorney may re-examine their witnesses (redirect)
 Attorneys for both sides present closing arguments which summarize the case and evidence they have
presented and suggest what that evidence indicates or means
 The judge(s), jury, or arbitrator considers the evidence and renders a judgment based on the
“preponderance of evidence” either in favor of the plaintiff or the defendant. The judgment may
include an “apportionment of fault” in negligence cases where a percentage of the fault may be
assigned to separate parties. Damages can still be awarded to the plaintiff if their apportionment of the
fault is deemed less than that of the defendant.
10. Entry of Judgment
 Case resolved either by agreement of the parties (stipulation enters) or by court order or by jury verdict
 Order entered by judge disposing of case
11. Appeal
 Either or both sides may appeal the case to a higher court
12. Enforcement of Judgment (if necessary)
 If defendant(s) do not comply as ordered, plaintiff may apply to court for
 Wage attachment
 Citation compelling defendant(s) to appear in court
 Body attachment may issue if defendant fails to appear
Criminal case
The criminal justice process is the system that exists to try people for crimes for which they have been charged. The
burden of proof in a criminal case is on the government, and it requires proof of the crime beyond a reasonable doubt.
Thus, in order to be convicted of a crime, the government must prove to the satisfaction of 12 jurors that the person
charged with a crime committed the crime beyond a reasonable doubt. Under the U.S. Constitution, all criminal
defendants are presumed innocent until convicted, and they are entitled to a speedy trial.
The process often begins with the arrest by the police of the person suspected of committing a crime. In some cases, the
process begins with an indictment by a grand jury. Following an indictment, an arrest warrant is issued and the suspect
is arrested.
The next step is a bail hearing, at which time the judge hears the charges and decides if the accused should be released
on bail or kept in custody. An accused will be kept in custody if, for example, the court is convinced that he or she might
leave the country. At this hearing, the accused is informed of the charges and given the right to a public defender if he or
she cannot afford an attorney.
The next step is a probable-cause hearing, at which time the judge hears the evidence and decides whether probable
cause exists to believe the accused committed the crime. If probable cause does not exist, the accused is set free.
The next step is the arraignment, at which time the accused makes his or her plea. Three pleas are possible: guilty, not
guilty, and (in some states) guilty but mentally ill.
If the accused pleads not guilty, and no plea bargain is reached, the trial is the next step. The prosecution goes first and
makes an opening statement. The accused's attorney then makes an opening statement. The prosecution then calls
witnesses, who are cross-examined by the accused's attorney. The accused calls witnesses, who are cross-examined by
the prosecution. The prosecution makes closing arguments, followed by the accused's attorney's closing argument. The
jury then renders a guilty or not guilty decision.
If the accused is found guilty, the next step is the sentencing. The law statutes set out the type of sentence that the
judge can apply. The judge at the sentencing considers the evidence at trial; a pre-sentencing report; mitigating
circumstances, if any; a statement made by the accused; and statements made by the victim or the victim’s relatives to
reach a decision.
The accused is entitled to appeal any guilty verdicts. The prosecutor, however, cannot appeal a not guilty verdict
because of the double-jeopardy rule, which says that someone cannot be tried twice for the same crime.