Litigation Process

“Defendant”, “you”, and “your” refer to the party or parties to whom these Interrogatories are directed and all other persons acting on behalf of such party, including, but not limited to,

* 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.

Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.

During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc…

There are six steps in the trial process; these steps include jury selection, opening statements, evidence presentation, closing arguments, charging of the jury and deliberation of jury. Throughout this six step process, it is vital that the rights of all parties involved and respected and protected by

Feedback: See pages 118, 120-121. A defendant must raise objections to venue, personal jurisdiction, and form and method of service of process in their first response to the complaint (pre-answer or answer) or the issue is waived and may not be reconsidered at a later time.

(a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all the reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party’s case.

this is situations when people start to become aware or their own legal rights and looking to seek compensation. an individual will bring the case forward against another person (defendant) to claim any damages that have been caused.

Provided with other preemptive measures to guarantee justice is achieved in the criminal trial proceedings. Additionally, the courts help facilitate an understanding of the legal process as to help the accused and their families be prepared in their defence. As well as providing an impartial and competent assessment in all stages of the trial process.

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

During an arraignment, a criminal defendant is taken to a lower court where he faces a judge. Similar to initial appearance, the defendant gets to hear of the charges leveled against him as well as the possible criminal sentences for his offenses. The criminal defendant is also told his rights including his right to a fair trial. The criminal defendant can choose a trial by jury or a bench trial whereby the judge gets to determine the verdict. The criminal defendant also gets a right to have an attorney whose main duty is to defend him. In case the defendant cannot afford an attorney, then he is allowed to request for a public defender. Generally arraignment and initial appearance are the same

The trial process begins with the selection of the jury. After the jury is selected the next stage is the opening statements. Since the prosecution has the burden of proof as to the defendant 's guilt, the prosecutor 's opening statement is given first. An

In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in

Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre-trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre-trial procedures are short and simple. Usually, the defendant is called to a pre-trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn’t enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association).

A motion is a request for an order from the court. A motion can be a written or oral application to the court or judge. Most procedural rules require most motions to be in the written format. A written motion gives the court advance notice of the motion. A written motion also specifies what action the movant is requesting and the reasons behind requesting the motion. Oral motions are only made under special circumstances. It happens mostly when a written motion is impractical to use during the course of a trial. It is common for an oral motion to be used during a witness testimony. This is due to the fact that no matter how prepared a witness can sometimes be a wildcard on the stand. They may state something that could put the whole