Civil trial cases often settle before either side even finishes preparing for trial. However, some cases cannot be resolved through negotiations or mediation, and in those situations, it is crucial to be prepared for litigation.
Learning more about what to expect in a civil trial, jury trial in civil cases procedures, and the benefits of working with a civil trial attorney can help you feel more confident. Ready to get more specific guidance regarding your lawsuit? Call LloydWinter, P.C. at 559-233-3636.
What is a Civil Trial?
Civil trials are court proceedings that resolve legal disputes between parties. These cases tend to focus on financial losses, property rights, contracts, and legal obligations. These trials may involve disputes like:
- Personal injury claims
- Breach of contract cases
- Business litigation
- Property disputes
- Employment conflicts
The goal of a civil trial is to determine whether one party is responsible for another party’s damages or losses. The court may award financial compensation, specific performance, or other forms of relief.
What Happens During a Civil Trial?
If your case does not settle before trial, knowing the basics of civil case trial procedures can help minimize your stress. These cases tend to follow the same basic steps:
- Jury selection (if applicable): Civil trial attorneys ask questions to identify bias or conflicts that may affect the odds of a fair outcome.
- Opening statements: Each side gives an overview of their case and explains what evidence they plan to present.
- Presentation of evidence: Both sides get a chance to present their evidence and build their case.
- Witness testimony and cross-examination: Witnesses testify under oath and answer questions from both attorneys.
- Expert witnesses: Some civil trials involve expert witnesses who provide insight into the more technical aspects of a case.
- Closing arguments: Each side gets one final chance to sum up their case and argue why the judge or jury should rule in their favor.
- Deliberation and verdict: The jury deliberates and reaches its verdict. In bench trials, the judge weighs the evidence and gives their ruling.
The length of your case depends largely on the extent of the claims, how much evidence each side has, and how many witnesses must testify.
Jury Trial in Civil Cases vs. Bench Trials
Not all civil trials involve juries. In bench trials, a judge is the only person to decide the outcome of a case. A jury trial, on the other hand, involves jurors hearing evidence from both sides and making a decision.
Bench trials may occur when:
- The parties waive a jury
- The law doesn’t provide a right to jury trial in civil cases
- Contracts include jury trial waivers
- Certain equitable claims are involved
Both types of trials may have advantages; working with a civil trial attorney can help you better understand your options and rights.
The Right to a Jury Trial in Civil Cases
The right to jury trial in civil cases is protected in many situations under federal and state law. Note, though, that this right isn’t unlimited. In some jurisdictions, a party has to request a jury trial before a specific deadline. Missing that deadline (even if it’s just because you weren’t aware of it) can mean that your only option is a bench trial.
The availability of a jury trial in civil depend on the type of legal claim involved, what damages are requested, state procedural rules, and contractual agreements. depend on the type of legal claim involved, what damages are requested, state procedural rules, and contractual agreements.
How Many Jurors in a Civil Trial Does the Court Need?
Many state civil trials use between six and twelve jurors, and you’ll often find the same in federal civil courts. In addition to the main jurors, the court may select alternate jurors who can step in when regular jurors cannot fulfill their duties.
Civil Case Trial Procedure
A lot happens behind the scenes of a civil trial before a court hearing begins. Before the trial date, the following steps must occur:
- Filing the lawsuit
- Service of process
- Defendant’s response
- Discovery
- Motions and pretrial hearings
- Settlement negotiations
Although settlement negotiations are listed at the end, they can happen at any point during the civil case trial procedure. Parties may attempt to settle before preparing for trial and fail to reach an agreement, only to reconvene right before trial and make a last-minute deal.
Prepare for Your Civil Trial With A Civil Trial Attorney
Whether you’re pursuing a civil case or you’re being sued, you’ll need an experienced civil trial attorney to guide you in a civil trial. Let’s discuss the next steps in your case and explore your options. Contact LloydWinter, P.C. today by calling 559-233-3636 or send us a message online now.
