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A trial takes place when the evidence remains disputed at the end of discovery. In this section, you will learn:
- the sequence of a trial,
- common terms related to a trial,
- strategies at the trial stage.
Trial
At Trial, a judge or jury reviews evidence and determines the liability of one or more parties.
A trial proceeds as follows:
- A jury is chosen if either side demands one.
- Plaintiffs present witnesses and other evidence to be challenged by defendants.
- Defendants present witnesses and other evidence to be challenged by plaintiffs.
- The judge or jury deliberates and makes a final ruling on the plaintiff’s claims and the defendant’s counterclaims, if any.
Definitions
- Rules of evidence — statutes defining the conditions under which evidence may be placed before a judge or jury
- Burden of proof — the threshold which a litigant’s case must pass to get a favorable judgment
- Preponderance of evidence — the burden of proof for a civil claim
- Voir dire — the process of questioning an expert witness or potential jurors to admit them to the trial
- Interlocutory appeal — a procedure for asking an appellate court to review a court’s ruling before the case concludes
More Definitions
- Judgment as a matter of law — a court order in favor of one party finding that no reasonable jury could decide otherwise
- Directed verdict — same as judgment as a matter of law, made before or after a jury renders its decision
- Motion for costs and attorney’s fees — a request that the losing side pay the winning party’s attorney’s fees and other expenses
- Motion to reconsider — a request that a court make a different decision based on new evidence or law
- Notice of appeal — a notice to the court that a party intends to ask an appellate court to review a decision
Success at the Trial Stage
A Trial is successful if it determines the liability or status of any party.
Plaintiff’s Strategy
Plaintiff’s strategy at the Trial stage:
- present the evidence in a way that surpasses the burden of proof on all claims
- defeat the defendant’s affirmative defenses
- defeat the defendant’s counterclaims
A plaintiff should successfully insure all of these factors.
Defendant’s Strategy
Defendant’s strategy at the Trial stage:
- defeat the plaintiff’s claims
- present the evidence in a way that proves affirmative defenses
- present the evidence in a way that surpasses the burden of proof on counterclaims
A defendant should successfully insure at least one of these factors.
Your Strategy
Take a moment to think about what YOUR strategy should be at the Trial stage.
- Does the evidence support or oppose the plaintiff’s claims?
- Does the evidence support or oppose the affirmative defenses?
- Does the evidence support or oppose the counterclaims?
You should answer these questions no matter whether you’re a plaintiff or defendant in the case.
Transcript
Hi. I\’m Portia, and this is lesson five of civil litigation one zero one, the trial stage.
In this lesson, we\’ll define the trial stage, look at the sequence of a trial, and at strategies at this point in litigation.
Then we\’ll review some important definitions.
The trial stage begins when discovery has ended, and there is still evidence that is disputed, and there\’s maybe even a counterclaim.
Now the parties argue their cases in court. To strengthen their arguments, each party should know court protocols, grounds for objection, and rules of evidence.
Neither a jury nor judge will investigate a case.
They will review or weigh the evidence.
That is, they determine the liability of one or more parties.
If the preponderance of evidence is on plaintiff\’s side, plaintiff prevails.
But if the preponderance of evidence is on defendant\’s side or if there is equal evidence on both, the defendant usually prevails.
A trial proceeds as follows. If either side demands one, a jury is chosen.
Otherwise, a judge presides over the case.
Plaintiffs present witnesses and other evidence to be challenged by defendants.
Defendants present witnesses and other evidence to be challenged by plaintiffs.
The judge or jury deliberates and makes a final ruling on the plaintiff\’s claims and the defendant\’s counterclaims if any.
A trial is successful if it determines the liability or success of any party.
That is a judgment is rendered in favor of the plaintiff or defendant.
The plaintiff has the burden of proof. Again, she must prove her case by a preponderance of the evidence.
The plaintiff\’s strategy at the trial stages to present the evidence in a way that surpasses the burden of proof on all claims, defeats the defendant\’s affirmative defenses, and defeats the defendant\’s counterclaims.
The defendant\’s strategy at the trial stage is to present the evidence in a way that it defeats the plaintiff\’s claim, proves affirmative defenses, and surpasses the burden of proof on all counterclaims.
Now it\’s your turn. Think about what your strategy should be at the trial stage.
Does the evidence support or oppose the plaintiff\’s claims?
Does the evidence support or oppose the affirmative defenses?
Does the evidence support or oppose the counterclaims?
You should answer these questions no matter whether you\’re a plaintiff or defendant in your case.
Now, let\’s take a look at some important definitions from this lesson.