Trial
A Levels Academy Islamabad
Category
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LearningTranscript
00:00There are few words in the English language more dramatic than trial after all it's the sexy part of law
00:07the theater of arguments
00:09accusations
00:10defenses and human drama
00:12but it's important not to get wrapped up in the bells and whistles of the civil trial process and
00:18Focus on knowing what to expect so as to prepare and execute accordingly
00:22Let's start right before the commencement of a trial which means that a complaint has been filed
00:27The defendant has filed an answer and no settlement has been reached
00:31Nor has the court granted a motion to dismiss or a motion for summary judgment
00:37Now comes the moment of truth, but if you are just now thinking about a jury trial it is too late
00:43You needed to have stated your desire for a jury trial when you filed your first pleading
00:48It is very important to make that demand in the complaint if you are a plaintiff or in your answer if you are defendant
00:55Not every kind of case can be tried by a jury some cases like foreclosure are tried by the judge
01:02Meaning they act as both judge and jury
01:05So let's say your case can be tried by a jury and you remember to demand a jury trial in your pleading
01:10How do you get ready? Well you start with the discovery process
01:15This gives each party the opportunity to collect information
01:19documentation testimony and evidence in preparation for the trial
01:24Find out more about discovery by checking out the legal you video on exactly this subject
01:29The parties notify the court that it can set trial with a notice of trial which either party can file as soon as the case
01:36Is at issue an issue means that there are no more pleadings to file and the court is disposed of any motions attacking the pleadings
01:44The notice of trial includes the estimated time required for the trial and whether it is to be tried by a jury
01:50The court can then set the case for trial on a date, which is at least 30 days from that order
01:56Remember to show up on time have all your witnesses and exhibits at the courthouse ready to go and always always
02:03Bring a court reporter without a court reporter if something goes wrong at trial
02:07You will never be able to show what happened and you won't be able to appeal
02:12On the first day of the jury trial the first thing you will be doing is choosing a jury which entails the plaintiff
02:18Defendant and judge questioning potential jurors and determining if they're right for the case from their responses
02:25The judge is the captain of the ship and has a lot of leeway in what order things will happen at trial and how much
02:31Time will be allowed for each part. But here's what typically happens the trial begins with opening statements
02:38This is where each party in turn presents their side of the case and either
02:42Demonstrate how they will get a judgment in their favor or rebut the case against them
02:47After opening statements the plaintiff will begin their case
02:50This means questioning the witnesses the plaintiff wants the jury to hear from as well as putting exhibits and evidence
02:57Witness testimony and then cross-examination is really the heart and soul of any trial
03:03Usually the party who calls the witness gets first crack
03:06That party asks all the questions they want the witness to answer as long as the answers are admissible
03:12That's followed by the other parties cross-examination
03:15This is where the opposing party gets a chance to show that the witness is biased has a faulty memory
03:21Or otherwise is not a good historian of the facts when you cross-examine a witness
03:26It's the only time you can and should ask leading questions
03:30For example, if you have reason to believe that the witness wasn't able to see the color of a traffic light
03:35You wouldn't simply ask whether they saw the light you would use your best TV lawyer
03:40Impersonation to make the statement you want them to agree with such as you didn't see the color of the light
03:46Did you the original calling party can then do a redirect examination on the same witness to remedy any damage from the cross-examination?
03:55When the plaintiff has finished presenting their side they rest that doesn't mean they need a breather and a Gatorade
04:02It is just lawyer speak for signaling. They are done
04:05Then the defendant will present their case by calling witnesses and offer exhibits favorable to their side
04:11Before and after the defendants case the defendant may make motions to end the case early
04:17Called a motion for a directed verdict in a jury trial
04:20That is if the defendant thinks the plaintiff hasn't presented even the minimum amount of evidence for a jury to decide in the plaintiffs favor
04:28Then comes closing arguments each party's final chance to address the jury or judge and sum up the evidence
04:35They presented in their case in the most favorable light possible
04:38After that, the judge gives the jury if the case is being tried by a jury its instructions
04:44Jury instructions tell the jurors the legal standards by which they must decide the case
04:49Then comes the judge or jury's deliberation and verdict
04:53Basically their time to think or in the case of a jury discuss the case and come to an ultimate verdict
04:59Jury verdicts are read aloud in court when it is read listen closely
05:04Especially if it comes out against you if the findings of the jury make the verdict contradict itself
05:09It is important to object and point this out to the judge right away before the jury is dismissed
05:15After a jury verdict the judge will thank the jury for their community service and dismiss them
05:20Later the judge will enter a judgment in favor of the party that the jury concluded should win
05:26To give yourself the best possible chance at trial no matter which side you find yourself on
05:31Legal you is a tool that can't afford to go unused
05:35Legal you where you are your own best lawyer