Civil Trial

Civil Trial in the United States

The Process of a Civil Trial

In civil trials, a defendant has many, but not all of the rights that would be available in a criminal trial. A civil action begins with a written statement of a plaintiff’s claim and the relief he seeks, called a “complaint.” The court then issues a summons, asking for a response to the complaint within a specific timeframe after the defendant receives it.

The defendant must admit or deny each allegation and present any defense. He may also assert claims against the plaintiff, a co-defendant or a person not originally part of the case. He may also move to dismiss the suit for failure to state a valid claim. He could also ask the court to dismiss the suit, claiming lack of jurisdiction over either the subject of the suit or the defendant himself. He might also suggest the plaintiff brought suit in the wrong court or that the defendant was not properly notified of the pending case.

The next phase is a broad “discovery process,” which does not normally involve the court. A party seeking discovery, however, requests help from the court to compel a reluctant opponent or other person to give information. Similarly, a party from whom unreasonable discovery is sought may seek the court’s protection.

Discovery may include: written questions to be answered under oath; oral deposition under oath; requests for pertinent documents; physical or mental examinations where injury is claimed; and requests to admit facts not in dispute. Before trial, either party may move for summary judgment on any issue the evidence does not support. If the case continues to trial, the court may enter a pretrial order, defining the issues to be decided by the trial and making other provisions to expedite it.

Civil cases sometimes concern grave crimes, as in the Simpson case. Often, however, they concern less serious offenses, such as landlord-tenant disputes. In some instances, third parties are sued. For example, in the case of a recent shooting in Atlanta, Georgia, in which the alleged triggerman was killed, a relative of one of his victims sued the investment company where the shootings occurred, the owners of the building, the company responsible for security there and the estate of the deceased gunman.

Civil actions are normally tried in a court open to the public before a judge and jury of six to 12 jurors chosen at random, unless the parties agree to a trial by a judge only. As in a criminal trial, the parties have the right to dismiss certain jurors. The judge manages the trial proceedings and declares the applicable law. After opening statements, the plaintiff, who has the burden of proof, offers his evidence. If the evidence does not sustain the claim, it is dismissed at this point. If the evidence is deemed sufficient, the defendant presents his case.

After both sides present their evidence, the judge may dismiss any or all claims that are not supportable. Each party is then allowed to make a closing statement, and then, the judge explains the law to the jury. If the case goes to the jury, it alone must decide what the facts are and decide the case accordingly. Majority jury verdicts, however, are allowed in more civil trials than criminal trials. In a case tried without a jury, the judge decides the case.

Civil penalties are generally much less onerous than those imposed in criminal trials. In the Simpson civil trial, for example, an $8.5 million verdict was imposed on the defendant. Although this may seem severe, it is considerably less punitive than the life prison term Simpson would have faced had he been found guilty in the criminal trial. Simpson was convicted unanimously in the civil case, but, under California law, he could have been convicted by a 9-3 decision. In the criminal trial, however, a unanimous verdict was required.

In addition to financial recoveries, civil penalties may include ordering a party to perform or refrain from a specific act or other appropriate relief. The judge may also impose court costs on the losing party. Those costs are nominal and do not ordinarily include attorneys’ fees. As in criminal cases, the losing party has the right to appeal the decision. (1)

Resources

Notes and References

  1. E. Osborne Ayscue, Jr., USIS, Issues of Democracy, September 1999

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