Introduction

Importance of Understanding the Trial Process

Understanding the civil litigation trial process is crucial for effectively navigating legal disputes. Learning the steps involved helps parties make informed decisions, manage expectations, and approach their cases with greater confidence.

Our civil attorneys at Stewart, Melvin & Frost have the capabilities, resources, and staff support to expertly handle complex cases. Our incredible litigation team has been involved in most of northeast Georgia’s landmark cases.

Overview of Civil Litigation

Definition of Civil Litigation

Civil litigation is a term that applies to any legal dispute where two or more parties are seeking monetary damages or a specific performance and does not include criminal accusations. 

Types of Civil Cases

Types of civil cases can include tort claims, contract breaches, landlord/tenant issues, personal injury claims, antitrust litigation, civil rights, product liability suits, employment issues, corporate matters, real estate litigation, and more. Many civil litigation cases never end up in a courtroom because the parties decide settlement is a better option.

Pre-Trial Phase

Filing a Complaint

The litigation process begins with the plaintiff filing a complaint, a legal document outlining the claims against the defendant and the relief sought. This document initiates the lawsuit and sets the stage for subsequent proceedings.

Defendant’s Response

After receiving the complaint, the defendant has a specified period to respond, typically through an answer or a motion to dismiss. The response outlines the defendant’s position and defenses against the claims.

Discovery Process

Discovery is the phase where both parties exchange relevant information and evidence. This process may include Interrogatories, Depositions, and Requests for Production. Interrogatories are written questions that must be answered under oath. Depositions are sworn testimonies taken outside of court. Requests for Production are requests for documents and other evidence.

Motions and Pre-Trial Hearings

Before trial, parties may submit various motions, such as motions for summary judgment, to attempt to resolve the case or specific issues without a trial. Pre-trial hearings may also take place to address certain matters and clarify issues for trial.

Trial Preparation

Choosing a Jury

In cases where a jury is involved, jury selection is conducted to choose impartial jurors. Attorneys question potential jurors to assess their suitability for the case. This process, known as voir dire, allows attorneys to identify any biases that may affect juror judgment. Ultimately, the goal is to assemble a jury that can fairly evaluate the evidence presented during the trial.

Trial Strategy Development

Parties next develop trial strategies based on their evidence, witness availability, and the strengths and weaknesses of their cases. This strategic planning is crucial for effective presentation in court.

Witness Preparation

 While it is rare that a civil case requires witnesses to testify in court, it is important to be prepared should a witness be compelled to testify. Coaching a witness on how to dress and present themselves professionally can make a difference. Understanding how and when to address the judge; how to answer questions honestly and briefly; and how to manage their emotions is key to effectively preparing a witness for trial.

The Trial Process

Opening Statements

Both sides start by giving an overview of what they plan to show at the trial.  

Plaintiff’s Case-in-Chief

The plaintiff’s case-in-chief is when the plaintiff has the opportunity to present evidence supporting its position. The plaintiff is the first party to present evidence because it has the burden of proof.

Defendant’s Case-in-Chief

A defendant’s case-in-chief is the part of a trial where the defendant presents evidence to support their defense and refute the plaintiff’s claims.

Closing Arguments

In closing arguments, each side summarizes their case, highlighting key evidence and urging the jury to adopt their perspective. This is a crucial moment for persuasion, as it shapes the jury’s final impressions before deliberation.

Post-Trial Phase

Verdict and Judgment

After deliberation, the jury delivers a verdict, determining liability and, if applicable, the amount of damages. Following this, the court issues a judgment based on the jury’s decision.

Appeals Process

The appeals process is a legal procedure that enables a party who has lost in trial court to seek a review of that decision by a higher court. This higher court, referred to as the court of appeals, appellate court, or supreme court, examines the trial court’s record to identify any errors made by the judge.

Conclusion

Navigating the civil litigation trial process involves several essential steps, from filing a complaint to post-trial proceedings.

Encouragement to Seek Legal Guidance

We advise you to seek experienced legal guidance. Understanding your rights and options can greatly influence the outcome of your case. At Stewart, Melvin & Frost, we are here to provide the support and expertise you need throughout this journey.

Please visit our Civil Litigation page to learn more about our Civil Litigation Legal Team.