The courtroom can be an intimidating place, especially for those unfamiliar with its procedures and protocols. Amanda at Flat Fee Divorce Solutions shares some of the common terms and procedures in court:
1. Filing A Lawsuit
Before a case can go to court, a lawsuit must be filed. This involves:
- Complaint: The plaintiff (the person initiating the lawsuit) files a complaint outlining their claims against the defendant.
- Service of Process: The defendant is formally notified of the lawsuit and given a chance to respond.
- Answer: The defendant files an answer to the complaint, admitting or denying the allegations.
- Discovery: Both sides gather evidence and information through depositions, interrogatories, and document requests.
2. Motions
Motions are formal requests made to the court. Most motions are brought before a trial begins to deal with various issues. Common types of motions include:
- Motion to Dismiss: A request to dismiss the case, often based on legal insufficiency or procedural grounds.
- Motion for Summary Judgment: A request for the court to rule in favor of one party without a trial, based on undisputed facts.
- Motion to Compel: A request to force the opposing party to comply with discovery requests or provide certain information.
- Motion in Limine: A request to exclude certain evidence or testimony from trial.
3. Objections
During testimony or the presentation of evidence, attorneys may object to questions or evidence they believe are improper or inadmissible. Common objections include:
- Hearsay: An out-of-court statement offered to prove the truth of the matter asserted.
- Leading Question: A question that suggests the desired answer.
- Speculation: A question asking the witness to guess or speculate about something they don’t have personal knowledge of.
- Relevance: Evidence that is not relevant to the case at hand.
4. Trial Procedures
- Jury Selection: If it’s a jury trial, potential jurors are questioned and selected.
- Opening Statements: Each side presents an overview of their case and what they intend to prove.
- Presentation of Evidence: Witnesses testify and evidence is presented, including documents, photographs, and expert testimony.
- Direct and Cross-Examination: Attorneys question witnesses to elicit testimony and challenge their credibility.
- Closing Arguments: Each side summarizes their case and makes final arguments to the judge or jury.
- Jury Instructions: The judge instructs the jury on the law applicable to the case.
- Jury Deliberation: The jury deliberates in private to reach a verdict.
- Verdict: The jury announces its verdict, finding in favor of one party or the other.
5. Post-Trial Procedures
- Judgment: The judge enters a judgment based on the jury’s verdict or their own decision if it’s a bench trial.
- Appeals: Either party may appeal the decision to a higher court.
- Enforcement: The winning party may need to take steps to enforce the judgment, such as collecting money owed or obtaining a court order.
6. Other Common Procedures
- Settlement Conferences: The judge may order settlement conferences to encourage parties to reach a settlement agreement.
- Alternative Dispute Resolution: Parties may agree to resolve their dispute through mediation or arbitration, where you may want an experienced mediation lawyer by your side, instead of going to trial.
- Contempt of Court: If a party disobeys a court order or disrupts the proceedings, they may be held in contempt of court.
While your case might have different terms, these are the most common ones. If you feel like you do not understand something, ask your lawyer to help clarify for you. Their job is to help you through the process and as a part of that, ensure you know what is happening.