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Civil Trial

A civil trial in California is a legal proceeding where disputes between parties are resolved by a judge or jury.

Stages of a Civil Trial

  • Pre-Trial Phase:
    • Pleadings: The process begins with the filing of a complaint by the plaintiff and a response (often including a demurrer or answer) by the defendant.
    • Discovery: Both parties exchange information and gather evidence through depositions, written discovery, and third-party subpoenas.
    • Motions: Parties may file pre-trial motions, including motions for summary judgment or motions in limine to exclude certain evidence at trial.
  • Trial Preparation:
    • Trial Briefs: Parties may submit trial briefs outlining their arguments and the evidence they plan to present.
    • Other Pre-trial Documents: Courts and judges typically issue “standing orders” that apply to all their cases, and require particular documents to be filed in advance of, and preparation for, trial. In addition to the trial briefs, this can include written motions in limine, exhibit lists and binders, witness lists, jury instructions, and proposed verdict forms, among others.
    • Requirements and Timing: The requirements and timing of these pretrial documents vary in each case, and the parties must comply with all orders or risk sanctions or the loss of particular rights. These documents and any issues related to them are typically addressed at a final status conference or pretrial readiness conference a few days or weeks prior to the actual trial.
  • Trial Phase:
    • Jury Selection: If a jury trial is requested, jurors are selected during the voir dire process, where both parties can question potential jurors to ensure impartiality.
    • Jury Instructions: If a jury trial is requested, the judge may first go through the rules of the trial for the jury to follow. These rules are typically read by the judge but prepared by the attorneys in advance and approved by the judge.
    • Opening Statements: Each party presents an overview of their case and what they intend to prove.
    • Presentation of Evidence: The plaintiff presents their case first, introducing witnesses and evidence. The defendant then has the opportunity to present their case.
    • Witness Testimony: Witnesses may be called to testify, and both sides have the opportunity to cross-examine them.
    • Closing Arguments: After all evidence has been presented, both parties summarize their cases and emphasize key points for the judge or jury.
    • Jury Instructions: If a jury trial is requested, the judge may again go through some rules that the jury must follow in the next stage, during deliberation.
  • Deliberation and Verdict:
    • Jury Deliberation: If it’s a jury trial, jurors will deliberate in private to reach a verdict. In a bench trial (without a jury), the judge will consider the evidence and make a ruling.
    • Verdict: The jury or judge delivers a verdict, determining liability and any damages awarded to the prevailing party.
    • Post-Trial Motions: After the verdict, parties may file various motions, such as for a judgment notwithstanding the verdict or a new trial ,or to appeal the decision.

Types of Civil Trials

  • Bench Trials: Trials conducted without a jury, where the judge makes all determinations of fact and law.
  • Jury Trials: Trials where a jury is impaneled to determine the facts, while the judge rules on legal issues.

Importance

  • Legal Precedent: Civil trials contribute to the development of legal precedents and interpretations of the law.
  • Enforcement of Rights: They provide a mechanism for individuals and entities to enforce their rights and seek remedies for grievances.

Conclusion

Civil trials in California are structured to ensure fair resolution of disputes. They involve multiple stages, from pre-trial preparation through to the trial itself, and ultimately aim to deliver justice based on the evidence presented.

For a confidential consultation with an experienced Los Angeles litigation attorney, contact Litigation, P.C., at 424-284-2401 or or online to learn about your legal options. We routinely handle matters throughout SoCal.