Civil Jury Trial: Overview, Pleadings, Procedures, and Jargon
Civil Jury Trial: Overview
Focus of today: finishing up Chapter seven (typical civil jury trial) and understanding core procedures, followed by Chapter six jargon for civil trials.
Civil jury trial vs criminal trial: civil involves one party suing another for a perceived violation of civil rights or duties; the state or district attorney is not prosecuting a crime against society.
Real-world reminder: court reporting and terminology are essential; mentions a guest speaker (a court reporter) and the relevance of real-world practice.
Key terms introduced early: complaint, summons, answer, counterclaims, cross-claims, co-defendants, co-plaintiffs, third party plaintiff/defendant, and impleader (spelled as impleader; term for bringing in a third party).
Other pretrial and trial concepts introduced: discovery, pretrial conferences, pretrial orders, motion for judgment on the pleadings, motion for summary judgment, and motions related to post-verdict relief (NOV and new trial).
The trial flow parallels criminal procedure in structure but differs in purpose and outcomes (civil remedies vs criminal punishment).
Throughout, the court reporter’s duties are emphasized: recording statements, motions, objections, rulings, orders, testimony, and colloquy (judge-attorney conversations).
After the trial, the possibility of post-trial motions and appeals is noted (NOV, new trial, and appeal processes).
Pleadings and Parties in a Civil Trial
Beginning of a civil action: filing of the complaint as the first pleading.
The complaint outlines all allegations by the plaintiff against the defendant; establishes jurisdiction and the scope of the case.
The summons accompanies the complaint and provides notice and a response deadline for the defendant.
If issues are not addressed in the complaint and summons, they may be overlooked or dismissed.
Possible pleadings and party roles:
Counterclaims: defendant’s claims against the plaintiff in response to the complaint.
Cross-claims: claims between co-defendants or cross-litigation among multiple defendants.
Co-defendant(s) and co-plaintiff(s): additional parties involved in the suit.
Third party plaintiff or third party defendant: a new party seeking inclusion after the initial complaint.
Impleader: the formal term for bringing a third party into the case; the third party is called the impleader or implicator/implicitor in some usages.
The civil process accommodates a wide range of procedural moves before trial via pretrial motions and discovery.
Pretrial Procedures and Motions
Pretrial activity is robust and often occurs before the trial begins.
Common pretrial motions:
Motion for judgment on the pleadings: requests the judge to decide the case based solely on the pleadings (the complaint and any defenses).
Motion for a summary judgment: requests the judge to rule in favor of one party on the basis that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
Discovery: the process of gathering information for the case; essential to build or defend a claim.
Pretrial conferences and pretrial orders: aimed at resolving issues, scheduling, and narrowing the trial scope.
Purpose of discovery and pretrial tools: to reach a trial date and/or settle pre-trial disputes efficiently.
Trial Phase: Civil Jury Trial Procedure
Jury selection is the first step if a jury trial is requested.
Opening statements:
Plaintiff presents first.
Defendant may present an opening statement early or may wait until the plaintiff has presented the case in chief.
Plaintiff’s case in chief:
Presents witnesses and evidence.
Direct examination by plaintiff’s attorney, followed by cross-examination by the defense.
Redirect and recross as needed to clarify or rebut testimony.
Physical evidence must be presented; without it, testimony may be challenged as hearsay.
Plaintiff rests; defendant’s motion for a directed verdict:
Defendant may move for a directed verdict (verdict as a matter of law) after hearing plaintiff’s case.
If the judge grants it, the case ends in favor of the defendant; if not, the case proceeds.
Defendant’s case in chief (if no directed verdict):
Defendant presents opening, witnesses, and evidence, then rests.
Burden of proof and the sequence:
Burden of proof rests on the plaintiff (or the state in a criminal case), not on the defendant.
After the defense presents its case, the plaintiff may offer rebuttal evidence.
Either side may move for a directed verdict after hearing rebuttal evidence.
Closing arguments:
Plaintiff summarizes what has been proven for the client.
Defendant presents closing arguments; plaintiff may have a rebuttal if the judge allows.
Jury instructions (jury charge):
Judge provides instructions guiding the jury on evidence consideration and legal standards.
Deliberation and verdict:
Jury deliberates and renders a verdict.
Civil verdict typically includes monetary damages or other compensation (e.g., hospital bills, property damage).
What happens after a civil verdict differs from criminal punishment:
Civil: monetary awards or other compensatory remedies.
Criminal: punishment (incarceration, probation, fines) beyond the scope of civil remedies.
Post-verdict recording: the court reporter records all statements, motions, objections, rulings, orders, testimony, and colloquy during the trial.
Rebuttal dynamics and burden of proof reiteration: the plaintiff maintains the burden of proof and may re-assert in rebuttals as needed.
Post-Trial Motions and Appeals
Motion for a judgment notwithstanding the verdict (NOV):
A losing party asks the judge to set aside the jury’s verdict and rule in their favor.
Requires that a directed verdict motion was previously made at the close of the evidence.
Motion for a new trial:
Grounds may include: damages awarded as too small or too large, attorney misconduct, improper jury instructions, or newly discovered evidence.
Appeals:
The appellant is the party who files the appeal; the appellee or respondent responds.
Appeals review the trial record for legal errors, rather than re-litigating the facts.
Distinction from criminal appeals: civil post-trial motions and appeals focus on different remedies and standards than criminal punishment appeals.
Jargon and Key Concepts (Chapter Six: Civil Trial Terminology)
Civil vs criminal jargon differences:
Pleadings begin civil suits; in criminal cases, the state prosecutes rather than a private plaintiff.
Civil issues focus on alleged violations of civil rights or duties by one private party against another.
The terminology for players varies (plaintiff vs defendant; co-defendants; co-plaintiffs).
Pleadings (Chapter discussion):
Pleadings are formal documents that initiate and shape the litigation.
The complaint outlines the plaintiff’s allegations and the requested relief.
Discovery (five predominant methods):
Five predominant discovery methods: 5 total.
Depsosition
Interrogatories
Request for production of documents
Request for admission
Request for physical and mental examination of a person
A notable example of a discovery item:
A psychological/mental examination in a custody case (divorce proceeding) may be ordered; cost example given: about 1000 for such an examination, reflecting cost considerations and the need for relevance and judicial justification.
Pretrial activities and their purposes (pages cited in the text):
Page 93 lists the motions.
Pages 94–95 outline the steps to the trial.
Pages 97–99 provide work page worksheets for further practice.
Colloquy:
Defined as the conversation between the judge and an attorney or between the two attorneys.
Relationship to mediation/arbitration:
Civil disputes may be settled before trial through mediation, arbitration, or other third-party dispute resolution mechanisms.
Chapter-wide connections:
Emphasizes that civil trials share many procedural foundations with criminal trials but differ in purpose, burden of proof, and remedies.
Ethical, Practical, and Real-World Implications
Ethical considerations in discovery: balance between obtaining necessary information and costs; expensive discovery (e.g., mental exams) should be used judiciously.
Real-world relevance: the courtroom flow mirrors real-case processes, including pretrial filings, trials, and post-trial relief.
Practical considerations for reporters and attorneys: accurate recording of all proceedings and colloquy is essential to preserve the record for appeals and future reference.
The potential impact of outcomes: civil judgments may involve substantial monetary compensation, affecting parties' livelihoods and business operations.
Preparation and study guidance: the instructor notes that quizzes will cover Chapter Six and Chapter Seven material, with worksheets available on the cited pages for self-study.
Important Page References and Study Prompts
Chapter and page anchors mentioned:
Chapter Six jargon: pages 91–99 (definitions, discovery, trial steps, worksheets).
Chapter Seven: civil jury trial flow, pleadings, pretrial motions, trial sequence, and post-trial options.
Worksheets and quizzes:
Work pages on pages 97–99 provide practice; not all are required, but some quiz questions come from these exercises.
Quick recap prompts:
What initiates a civil trial? (The complaint and summons)
What are the five main discovery methods? (deposition, interrogatories, production of documents, admissions, physical/mental examinations) 5
What is the function of the jury charge? (instructions to the jury on evidence consideration and applicable law)
What post-trial motions can follow a civil verdict? (NOV and new trial)
What is the distinction between civil remedies and criminal punishment in outcomes? (monetary vs incarceration/probation/fines)
Summary of Key Takeaways
Civil trials begin with the complaint and summons, proceed through pretrial motions and discovery, then to trial with jury selection, opening statements, witness examination, evidence presentation, potential directed verdicts, closing arguments, and a jury verdict.
The plaintiff bears the burden of proof throughout, and post-verdict relief (NOV or new trial) and appeals provide avenues to challenge outcomes.
The legal terminology includes pleadzings, impleader/implicitor (third-party involvement), co-defendants, and co-plaintiffs, illustrating the complexity of civil litigation structure.
Discovery is central to civil proceedings, with five main methods and a cost-aware approach to avoid unnecessary expenses (e.g., expensive psychological examinations).
The role of the court reporter is to document all court proceedings, including colloquy, motions, rulings, and testimony, ensuring a complete record for potential appeals.