Module # 2 Lecture

Structure of a Civil Trial

Parts of a Civil Trial• Commencement of the law suit

• Motions

• Voir Dire

• Opening Statements

• Plaintiff’s Case in Chief

• Defendant’s Case in Chief

Parts of a Civil Trial (con’t)• Plaintiff’s Rebuttal

• Jury Instructions

• Closing Statements

• Jury Deliberation

• Jury Verdict

• Judgment by the Court

Hypothetical Case

• Paul sues Dan for a traffic accident

• Alleges Dan ran through a STOP Sign.

• Negligence Theory: Duty, Breach, Causation, Damages

Commencement of the Law Suit

• Pleadings: COMPLAINT w/ SUMMONS & ANSWER

• COMPLAINT: In Federal and Washington: NOTICE pleading :– “short and plain statement of the claim showing that the pleader is

entitled to relief.”– Defendant must be made aware of why they are being sued

• Filed with the Court Clerk

• Complaint must be “served” on defendant within 90 days of filing with the Clerk

Commencement of the Law Suit

• Defendant(s) files an ANSWER• Defendant will respond to the Complaint by:– Admitting– Denying– Denying for lack of knowledge

• May raise “defenses” to the Complaint• Make a motion under CR 12(b)(6); see Motions Section.

– CR = Court Rule

• Defendant may also bring claims against the Plaintiff• Must respond within 60 days of receiving the Complaint

Motions

• CR 12(b)(6)

• Summary Judgment

• Motions in Limine (MIL)

CR 12(b)(6)

• “[F]ailure to state a claim upon which relief can be granted.”

• The Moving party – the Defendant(s)– is stating that there is no reason for a complaint as nothing is wrong.

• Successful only if “it appears beyond doubt that the plaintiff can prove no set of facts, consistent with the complaint, which would entitle the plaintiff to relief.“

• Must be filed in the Answer or it is “waived.”

Summary Judgment• A motion submitted by either party “show[ing] that there is

no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” CR 56(c).

• The judge weighs all evidence in “the light most favorable to the non-moving party.”

• Filed by either Party after all the “Pleadings” have been served.

• This a means to dispose of the case prior to trial.

Motions in Limine

• The purpose of a Motion in Limine is to either prevent evidence from being admitted at trial or ensuring evidence is admitted at trial.

• I.e. preventing “Subsequent Remedial Measures” from being introduced at trial in a Negligence Claim. ER 407 (ER = Evidence Rule).

• Argued before the Judge at a “Motions Hearing” prior to the beginning of the Trial.

Voir Dire

• Jury Selection

• Counsel for each party asks questions of the venire (jury panel) to determine: Bias, Interest, Prejudice, or Inability to Serve as a Juror.

• Called a “Challenge for Cause.”

• Unlimited Challenges for Cause.

Voir Dire

• Peremptory Challenges

• Excusing a juror from something other than cause.

• Usually limited (i.e. 3) depending on the case.

• Peremptory Challenges can not be based on Race or Gender. Batson v. Kentucky, 476 U.S. 79 (1986) (Race) and J. E. B. v. Alabama, 511 U.S. 127 (1994) (Gender)

Voir Dire • Batson Challenge; in re Peremptory Challenges

• Litigant must be part of a “cognizable” racial/gender group.

• Assertion made that opposing party is using peremptory challenges in a discriminatory manner.• Must establish a “prima facie case.” Evidence sufficient to prove more

likely than not that a party is acting in a discriminatory manner.

• Opposing party has opportunity to provide a “race/gender neutral” reason.

• Judge makes determination on the record as to whether challenge was made on neutral factors.

Opening Statements• Plaintiff goes first

• Followed by the Defense

• Opening statements are not “argument.” Cannot talk about law only facts of the case.

• Parties will tell the jury what evidence is “likely” to be presented.

• Establishes a Party’s “Case Theory.”

Plaintiff’s Case-in-Chief• Calling of witnesses

• Admission of Evidence

• Direct Examination– Plaintiff may ask only “open-ended questions.”

• Cross-examination– Defense may ask “leading questions.”

• Plaintiff may re-direct

Plaintiff’s Case-in-Chief

• Plaintiff will rest once all witnesses/evidence has been admitted.

• Either Party of Both may then move for Summary Judgment

• Judge may Order or Deny a motion for Summary Judgment.

• If Ordered the case is over and the moving party wins.

• Usually, Summary Judgments motions are Denied during trial.

Defendant’s Case-in-Chief

• Proceeds in a similar manner as the Plaintiff’s Case-in-Chief.

• Defendant asks Opened Ended questions on Direct Examination

• Plaintiff asks leading questions on Cross Examination

• Once Defendant rests, parties can again move for Summary Judgment.

Plaintiff’s Rebuttal

• At the end of the Defendant’s Case, the Plaintiff may introduce Rebuttal Evidence/Witnesses, challenging the Defendant’s case.– This is allowed because the Plaintiff has the “burden” of establishing

their case; thus extra time to “make” their case.

• Proceeds in the same manner as the Plaintiff’s Case-in-Chief.

• Plaintiff then rests.

Jury Instructions

• Parties submit sample Jury Instructions to the Judge on how the Jury should be instructed.

• Instructions involve such things as the relevant law and the burden of proof.

• Judge determines which Instructions to use and them Instructs the jury.

Closing Statements

• Parties argue the facts of the case in relation to the Jury instructions to make their case.

• Plaintiff goes first.

• Defense responds

• Plaintiff give a rebuttal closing.

• After instructions the Jury is dismissed to deliberate.

Jury Deliberations

• Jury considers only the facts established at trial

• Analyzes those facts against law provided in the Instructions.

• Depending on the jurisdiction a Verdict need not be “Unanimous.” Can be 10-2 or in some jurisdictions 9-3.

• If jury finds the Defendant “Liable” the “Damages” are awarded, based on the Defendant’s fault.

Judgment

• Once the Jury has rendered its Verdict, the Judge will review it. Pass Judgment.

• Judges rarely over-turn a Jury’s Verdict.

• In a Civil Case, if the Plaintiff wins, Damages are awarded.

• Losing party has a right to appeal.

Review

• The Trial System is the backbone of the American Justice System and this Course

• Trials are set up to ensure fairness to all parties

• All 12 parts of a Trial are important

Review

• Pre-Trial: Filing of the Complaint and Motions Practice– In reality most cases are settled prior to trial through a Negotiated

Settlement.– This is the MOST IMPORTANT part of any trial, because this is where

the Parties can ensure problematic evidence is not admitted

• Trial: Voir Dire, Opening, Cases in Chief, Jury Instructions, Closing, Jury Deliberation, and Verdict.– Challenges: for CAUSE and PEREMPTORY– Case Theory: Frames the case from a Party’s perspective– Case-in-Chief: Witnesses & Evidence– Closing: ties facts admitted at trial to relevant law– Verdict: Jury’s Decision