Business & Personal Law
Chapter 6
“Trial Procedures”
Civil Trial Procedure
Pleadings = Papers filed by individuals,
not the government, at the beginning of a
lawsuit
Complaint = Legal document containing
short and plain statement of plaintiff’s claim
against the defendant. Begins the lawsuit.
Summons = Issued by Clerk of the Court,
notifying defendant of the civil complaint
against him/her
Civil Trial Procedure
Pleadings (continued)
Answer = Formal written document that
admits or denies each allegation of the
complaint and states any defenses that the
defendant plans to use.
Must answer by the date specified in the
summons or the defendant loses by default
Civil Trial Procedure
Discovery = Period of time before trial
hearing during which all of the facts of
case are made known to all parties
Methods of Discovery = Depositions,
interrogatories, requests for documents,
physical and mental examinations, requests
for admission of evidence
Civil Trial Procedure
Docket = Calendar date for the case
If case still not settled after discovery, Clerk
puts case on the docket
Pretrial Hearing = Informal hearing with
judge in attempt to simplify the issues
and discuss matters that might help
dispose of the case more quickly
Civil Trial Procedure
Steps in the Trial
Jury Selection
Begins with a pool of eligible citizens
• Jury Summons = Mailed to voters and drivers
Job is to determine the facts and to apply law to
those facts
Judge supervises questioning of jury pool
• Voir dire = Latin for “speak truth”; jurors asked
questions
• Change of Venue = new court jurisdiction may be
necessary if it is too difficult to find an acceptable jury
Civil Trial Procedure
Opening Statements = Time for each sides’
attorneys to tell judge and jury what they
intend to prove
Plaintiff’s attorney goes first
In some states, defendant can wait to do opening
after entire plaintiff’s case has been presented.
Introduction of Evidence
Plaintiff goes first
Documentary Evidence = Papers, pictures
Real Evidence = Actual objects
Civil Trial Procedure
Testimony of Witnesses
• Subpoenaed = requested by court order to appear in
court
– Sub = Under; Poena = Penalty (Latin)
– In contempt of court order, if fail to appear
• Direct Examination
– Facts within their personal knowledge
– Opinions they formed based upon those facts (if
expert witness)
• Cross Examination = Other side may question witnesses
only as to their testimony in direct examination
Civil Trial Procedure
Testimony of Witnesses (continued)
• Evidence may only be introduced by witness’s
identification
Closing Arguments = Review facts presented and
argue why judge or jury must find in favor of their
side (plaintiff goes first)
Instructions to the Jury = Judge explains
applicable laws and deliberation procedures to the
jury
• Attorneys may discuss options with judge beforehand
Jury/Judge Deliberation
Civil Trial Procedure
Verdict and Judgment
• Verdict = Decision of jury “in favor of” one party
• Based upon “a preponderance of the evidence,”
meaning one side’s evidence weighs more heavily than
the other
• Unanimity usually not required in civil jury
– Number varies from state to state
• Judgment is final determination as to rights
Execution of Judgment = Court orders marshall
and/or sheriff to carry out the judgment
Criminal Trial Procedure
Arrest of Defendant
Arrest = when a person is legally deprived of
freedom
Requires a warrant = court order that says a
person is charged with a crime and should be
arrested.
Or, if an officer has probable cause (good reason)
to believe that a person has committed or is
presently committing a crime
• Even is only a misdemeanor if it involves a breach of the
peace and is done in the officer’s presence
Criminal Trial Procedure
Rights of the Defendant
Miranda v. Arizona = Supreme Court decision
supports the right of the accused to be
informed of rights at the time of the arrest
nature of crimes for which accused, names of
officers, use of telephone, right to attorney, etc.
Bail = Money or other property which is left
with the court to assure defendant’s future
court appearance (Judge may deny bail)
Constitutional right to a fair trial
Criminal Trial Procedure
Presumed innocent until proven guilty
except in cases of prima facie evidence
Rights in Search and Seizure
Legal any time if permission is given
Legal with search warrant, but must be limited to
area specified in warrant
• Must be shown or read aloud if occupant is present
Limited search (“frisk”) is legal if officer has
reason to believe there may be a hidden weapon
• Officer must return any lawful object found
No warrant needed if arrested (body/building/car)
Criminal Trial Procedure
Need warrant to search entire building/premises
at time of arrest, otherwise only immediate area
Police may impound car at time of arrest until
warrant is obtained
“Plain View Exception” = no search warrant
necessary if contraband is in open view
Supreme Court extensions to above limits:
• 1981, entire passenger area of car after arrest
• 1982, at any legitimate stop. If probable cause that
contraband may be present, may search entire car
• 1991, entire car if police have probable cause that crime
is being committed.
Criminal Trial Procedure
Schools may search students without warrant if
“reasonable grounds” that search will turn up
evidence
• must be conducted in a reasonable manner
The Arraignment = Must be conducted very
soon after arrest, brings suspect before the
court where he/she is made aware of charges
against him/her and his/her rights
Judge either dismisses for lack of evidence or sets
hearing date if probable cause
Criminal Trial Procedure
Grand Jury = Prosecutor (D.A.) prepares an
“information” , or set of formal charges, for
grand jury to review to determine if enough
evidence exists for trial
Panel of citizens who serve for one year
Meet in secret
Issues an “indictment”, or written accusation
The Trial
Defendant may choose either judge or petit
(small) jury trial
Criminal Trial Procedure
Guilt standard = “beyond a reasonable doubt”
Requires unanimous jury verdict
• Mistrial declared if not unanimous, and new trial ordered
at option of prosecution
Disposition of Juvenile Cases
Evidence reviewed in Juvenile Court
Many state variations in laws
Detention Hearing = determines if there are
good reasons to keep accused in custody,
and whether special circumstances exist
Criminal Trial Procedure
Adjudicatory Hearing = informal, but
determines final result in juvenile cases
Return minor home with probation/conditions
Placement in agency or foster home
• Parents pay costs
Public school or state-run reformatory (Youth
Authority)
• Parent may also pay for school
Parents responsible for fines/civil damages