TRIAL,JURY SELECTION,

Make sure that all knowledgeable witnesses?

are available to testify

Make sure that original file is?

available and brought to court

Judge will conduct a?

pretrial conference before the trial begins

Jury selection:

• done by driver’s license and jury duty

• Few exceptions from jury duty

• One or two day jury obligation or a complete trial

• Panel is chosen randomly to be seated in jury box

• Eight people hear the case and six decide case

• Voire Dire process

Witness Examination:

• Each witness is examined by the side that call them as a witness. This is called direct examination.

• Plaintiff’s usual order of direct examination is plaintiff/ spouse/fact witness/ expert witness

• Defendants usual order of direct examination is defendant/ fact witness/ expert witness

• Each witness is subject to cross examination by the other side. The aim is to affect the credibility of the witness.
  

Physical evidence is presented to the jury

Opening statements:

• Each side gets to tell jury what will prove.
  

• Plaintiff first/ Defendant second

Closing statements

• Each side gets to tell the jury what they did prove.

• Defendant goes 1st.

• Plaintiff goes 2nd.

• Defendant goes last.

  
  Goal is to convince the jury that they should find for their client.

Charging the jury:

• Judge tells the jury the law.

• Judge provides the jury with a framework to decide the case.

• Medicine not an exact science.

• If jury is to award money it should be in an amount that fairly compensates plaintiff.

• No formula or chart. Jury is to use its best collective judgment.

• Personal Injury award not taxable

Jury deliberations:

• Jury decides the case.

• Jury uses interrogatories to deliver verdict.

• Two jurors are alternates.

• Jurors can ask questions of judge.

• Jurors will award compensatory damages.

• Compensatory damages award the plaintiff an amount of money the jury feels fairly compensates he/she for their injury. These are the normal damages awarded in a personal injury case. Punitive damages are awarded in the event that the jury feels the defendant should be punished for their actions. Punitive damages are not the normal damages awarded.
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• The basis for compensatory damages can be pain and suffering, lost wages, future medical treatment.

• Need 5/6 jurors to agree on verdict.

• Jurors then present verdict to court.

• Jurors are then polled by judge.

• Judgment entered by court.

Post-judgement motions:

• Plaintiff-additur motion. Verdict is too low

• Defendant- remittur motion. Verdict is too high.

• Judge not to sit as seventh juror.

• Verdict must shock the conscience of court.