THE TRIAL PROCESSTHE TRIAL PROCESS

Chapter 3Chapter 3

Chapter IssuesChapter Issues

• Nature of a lawsuitNature of a lawsuit

• Factors involved in litigationFactors involved in litigation

• Procedures and processes of litigating a Procedures and processes of litigating a disputedispute

The Adversary SystemThe Adversary System

• Parties argue positions Parties argue positions before a courtbefore a court

• Underlying belief: Best Underlying belief: Best way to discover the truth way to discover the truth is through competing is through competing evidenceevidence

• Lawyers represent Lawyers represent competing claimscompeting claims

• Judges don’t investigateJudges don’t investigate

• Court applies legal rulesCourt applies legal rules

The Pleadings StageThe Pleadings Stage

• Jurisdiction needed over Jurisdiction needed over subject matter & partiessubject matter & parties

• Notice given of lawsuit Notice given of lawsuit by by service of process service of process through through summons summons

• ComplaintComplaint– Alleges facts for Alleges facts for

jurisdiction & jurisdiction & remedy/remediesremedy/remedies

– Requests remedy(ies)Requests remedy(ies)– See Exhibit 3.3See Exhibit 3.3

• Responses to ComplaintResponses to Complaint– Motion to Dismiss Motion to Dismiss

(Demurrer)(Demurrer)• By defendantBy defendant

– AnswerAnswer– CounterclaimCounterclaim– Affirmative Defenses Affirmative Defenses – Reply Reply – Motion for Judgment on Motion for Judgment on

the Pleadingthe Pleading • Either party may file Either party may file

after pleadings have after pleadings have been completedbeen completed

Discovery StageDiscovery Stage(Legal Tools to Obtain Evidence)(Legal Tools to Obtain Evidence)

• Rules of Civil Procedure set guidelines & limits to the processRules of Civil Procedure set guidelines & limits to the process

• Purposes to Purposes to 1) preserve evidence, 2) limit element of surprise, 1) preserve evidence, 2) limit element of surprise, 3) encourage settlement3) encourage settlement

• Depositions of parties and witnesses (including experts)Depositions of parties and witnesses (including experts)

• Interrogatories of the partiesInterrogatories of the parties

• Requests for AdmissionsRequests for Admissions

• Orders of Production of DocumentsOrders of Production of Documents

• Physical/Mental ExaminationsPhysical/Mental Examinations

• Impacts on business--expensive & time-consumingImpacts on business--expensive & time-consuming

• See See Wauchop v. Domino’s Pizza, Inc.Wauchop v. Domino’s Pizza, Inc.

Wauchop v. Domino’s Pizza Wauchop v. Domino’s Pizza

• Domino’s Pizza had a 30-minute Domino’s Pizza had a 30-minute delivery rule delivery rule

• Wrongful death action by family Wrongful death action by family of woman killed during accident of woman killed during accident with Domino’s delivery vehicle with Domino’s delivery vehicle

• Monaghan (Pres.) isMonaghan (Pres.) is requested requested

to give depositionto give deposition • Pres. says he is not personally Pres. says he is not personally

liable and 30-minute rule is not liable and 30-minute rule is not an issue of the casean issue of the case

• Pres. claims that information Pres. claims that information may be gathered by other means may be gathered by other means and refuses to give depositionand refuses to give deposition

• Plaintiffs file motion for Plaintiffs file motion for default judgment because default judgment because Pres. refuses to give Pres. refuses to give depositiondeposition

• Court does not enter default Court does not enter default judgment against Pres. And judgment against Pres. And gives him an opportunity to gives him an opportunity to comply with court’s orders comply with court’s orders

• Held: Plaintiffs are entitledHeld: Plaintiffs are entitled to take the depositionto take the deposition

• Pres. must give deposition Pres. must give deposition and pay plaintiffs’ feesand pay plaintiffs’ fees

Pretrial StagePretrial Stage

• Use of Use of pretrial conferencepretrial conference to simplify issues and to simplify issues and plan course of the trialplan course of the trial– Usually attorneys and Usually attorneys and

judge attendjudge attend

– Judge’s role is often to Judge’s role is often to work openly for work openly for settlementsettlement

– Summary JudgmentSummary Judgment----either party may either party may requestrequest

Jury SelectionJury Selection• 66thth & 7 & 7thth Amendments gives Amendments gives

right toright to a a juryjury in criminal in criminal and common law casesand common law cases

• If no use of jury, judge If no use of jury, judge becomes trier of factbecomes trier of fact

• Selection of jury involves Selection of jury involves voir direvoir dire– Challenge for causeChallenge for cause--a --a

juror disqualified for a juror disqualified for a reasonreason

– Preemptory challenges--Preemptory challenges--attorney rejects aattorney rejects a juror juror w/o stating a reason w/o stating a reason

Trial StageTrial Stage

• Opening StatementsOpening Statements by attorneys by attorneys• Presentation of Direct TestimonyPresentation of Direct Testimony• Motion for Directed VerdictMotion for Directed Verdict requested by defendant’s requested by defendant’s

attorney after plaintiff’s presentation of case; after both attorney after plaintiff’s presentation of case; after both parties rest, either may request a parties rest, either may request a Directed VerdictDirected Verdict

• See See May v. Hall County Livestock May v. Hall County Livestock (directed verdict)(directed verdict) • Closing argumentsClosing arguments• Instructions to Jury (Instructions to Jury (also called also called chargescharges))• VerdictVerdict by jury. Judgment may be set aside for by jury. Judgment may be set aside for jury jury

misconduct.misconduct.– See See Powell v. Allstate Powell v. Allstate (Jury misconduct)(Jury misconduct)

• Posttrial motions Posttrial motions ((Motion for New TrialMotion for New Trial or or j.n.o.v.)j.n.o.v.)

May v. Hall County Livestock May v. Hall County Livestock Improvement Assn.Improvement Assn.

(Directed Verdict Case)(Directed Verdict Case)• May attended horse races; was at a table and made various trips to May attended horse races; was at a table and made various trips to

and from itand from it

• Stood up for the 6th race; saw that her horse was going to win; Stood up for the 6th race; saw that her horse was going to win; stepped away from table and slipped and fell; tried to catch her fall; stepped away from table and slipped and fell; tried to catch her fall; lost consciousnesslost consciousness

• Sustained head injuries and a broken hipSustained head injuries and a broken hip

• Racetrack owned by Hall County; May sues HallRacetrack owned by Hall County; May sues Hall

• She says there was liquid on the floor; concession manager says that She says there was liquid on the floor; concession manager says that the floor was drythe floor was dry

• Hall moves for directed verdict; court grants it; she appealsHall moves for directed verdict; court grants it; she appeals

• Held: Affirmed trial court’s decision for directed verdict. Plaintiff Held: Affirmed trial court’s decision for directed verdict. Plaintiff failed to produce evidencefailed to produce evidence that there were any conditions that were that there were any conditions that were the proximate cause of the plaintiff’s injuries.the proximate cause of the plaintiff’s injuries.

Powell v. Allstate Insurance Co.Powell v. Allstate Insurance Co. (Jury Misconduct Case)(Jury Misconduct Case)

• Powell (African-American) Powell (African-American) injured in vehicle accidentinjured in vehicle accident

• Collects $10,000 from other Collects $10,000 from other driver; sues Allstate for over driver; sues Allstate for over $200,000 under underinsured $200,000 under underinsured motorist coveragemotorist coverage

• Case tried by jury (all Case tried by jury (all White); Powell is awarded White); Powell is awarded $29,320$29,320

• After trial, juror informs After trial, juror informs Powell’s attorney & judge Powell’s attorney & judge about racial jokes and about racial jokes and statements during trialstatements during trial

• Powell requests new trialPowell requests new trial

• Trial court denied request for Trial court denied request for new trial; Powell appealsnew trial; Powell appeals

• Appeals court affirmsAppeals court affirms• Powell appeals to Supreme Powell appeals to Supreme

Ct. of Florida for new trial Ct. of Florida for new trial based on jury misconductbased on jury misconduct

• Held: Reversed. Case Held: Reversed. Case remanded for trial court to remanded for trial court to conduct a hearing to learn if conduct a hearing to learn if racial statements were made. racial statements were made. If so, trial courtIf so, trial court is directed to is directed to order new trialorder new trial..

RemediesRemedies

• Equitable Equitable remediesremedies– Specific Specific

performanceperformance– InjunctionInjunction

• PermanentPermanent

• TemporaryTemporary

• Monetary Monetary damagesdamages– CompensatoryCompensatory– Punitive or Punitive or

exemplaryexemplary– NominalNominal

Appellate StageAppellate Stage

• Arguments before the Arguments before the courtcourt

– Written BriefsWritten Briefs

– Oral ArgumentsOral Arguments

• Decisions by the courtDecisions by the court

– Majority opinionMajority opinion

– Concurring opinionsConcurring opinions

– Dissenting opinionsDissenting opinions

• Outcomes of decisionsOutcomes of decisions

– AffirmedAffirmed

– ModifiedModified

– ReversedReversed

– RemandedRemanded

• SeeSee “German Trial “German Trial Procedure” Procedure” re: a re: a different country’s different country’s systemsystem

Enforcement StageEnforcement Stage

• If no further appeal is If no further appeal is available, judgment available, judgment becomes finalbecomes final

• It is It is res judicata res judicata • Enforcement of judgment Enforcement of judgment

is through is through writ of executionwrit of execution• Court may order an official Court may order an official

(i.e. sheriff) to help satisfy (i.e. sheriff) to help satisfy judgment through an act judgment through an act (such as seizure/sale of (such as seizure/sale of property, garnishment, property, garnishment, etc.)etc.)

New Maine NationalNew Maine National Bank v. Nemon Bank v. Nemon

• Nemon borrows $125,000 from bank & promises to pay collection costs if he Nemon borrows $125,000 from bank & promises to pay collection costs if he did not repay loandid not repay loan

• Nemon doesn’t pay; bank sues for breach of contractNemon doesn’t pay; bank sues for breach of contract• Trial court grants summary judgment; grants relief w/bank costs Trial court grants summary judgment; grants relief w/bank costs • Bank obtains Bank obtains writ of executionwrit of execution against Nemon against Nemon• He does not comply; fails to produce documents or appear in courtHe does not comply; fails to produce documents or appear in court• Court charges Nemon with contempt & authorizes arrest, but stays sentence so Court charges Nemon with contempt & authorizes arrest, but stays sentence so

that Nemon may appear re: contempt chargethat Nemon may appear re: contempt charge• Nemon fails to appear; court issues arrest warrantNemon fails to appear; court issues arrest warrant• Nemon pays balance due on original judgment; bank moves to collect the Nemon pays balance due on original judgment; bank moves to collect the

additional sums of post-writ-of-execution expensesadditional sums of post-writ-of-execution expenses• Court grants expenses of $8000 to be paid; Nemon appeals Court grants expenses of $8000 to be paid; Nemon appeals

• Held: After “merry chase” of this man, judgment is affirmed. Treble costs are Held: After “merry chase” of this man, judgment is affirmed. Treble costs are

awarded to New Maine National Bankawarded to New Maine National Bank..

Burdens of Proof

• Criminal Standard: Beyond a reasonable doubt.

• Civil Standard: Beyond a preponderance of the evidence.

• Res Judicata – “the thing is settled.”

Judgment Notwithstanding the Verdict

• Civil case: The judge may override the jury verdict in either direction.

• Criminal case: The judge may override the jury verdict ONLY in favor of the defendant.

• Judge may also change jury award in civil. – Additur or Remittitur

Other Terms

• Statutes of Limitations

• Class action suits – recently limited by Supreme Court

• Contingent Fee vs. Fixed Fee

• Loser Pays Winner’s Legal Fees

• Attachment and Garnishment

• Grand Jury vs. Indictment (Criminal)

• Standing

Damages

• Compensatory: Compensate for actual injuries suffered; med. exp., lost wages, property damage, pain and suffering.

• Punitive or Exemplary: Punishment for outrageous behavior.

• Nominal: Jury thinks you are right, but you haven’t proven damages; $1.

Should Judges Have to Give Reasons for Decisions?

Article: “Justice in the Dark”

• Concerns over appeals courts that dispose of cases without published Concerns over appeals courts that dispose of cases without published reasonsreasons

• Article states that federal appeals judges dispose of 79% of the 26,819 Article states that federal appeals judges dispose of 79% of the 26,819 cases in unpublished decisions cases in unpublished decisions

• Over 7% of unpublished decisions have a single word, such as “Affirmed”Over 7% of unpublished decisions have a single word, such as “Affirmed”

• The U.S. Supreme Court almost never accepts for review an unpublished The U.S. Supreme Court almost never accepts for review an unpublished opinion opinion

• Complaint is that this is precedent without known reasoning to prevent Complaint is that this is precedent without known reasoning to prevent same problems in the futuresame problems in the future

• The “shortcut system” stems from a backlog of cases that create a The “shortcut system” stems from a backlog of cases that create a veritable avalanche of caseload on the appeals courtsveritable avalanche of caseload on the appeals courts

• ““Judges insist that unpublished decisions are only in simple, non-Judges insist that unpublished decisions are only in simple, non-controversial cases, where the answer is clear-cut.”controversial cases, where the answer is clear-cut.”