Stages of Civil and Criminal Proceedings

Stages of Civil and Criminal Proceedings - Stages of Civil...

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Stages of Civil and Criminal Proceedings 1. List and briefly explain each of the major stages of a civil proceeding, including starting the case and pretrial, trial, and post-trial activities. A civil case begins when a plaintiff’s lawyer files a complaint against the defendant. The defendant then either files an answer or a motion. The pretrial activity begins with a judge holding a Rule 16 conference with the lawyers to start the case-management process. There may be more than one conference held and lawyers are required to cooperate in the discovery process. This process is the stage where the lawyers try to develop evidence for their case by learning about their opponent’s case. After review, the filing party may file a motion for summary judgment and if it’s granted the lawsuit has ended. The last stage before a case goes to trial involves efforts for settlement and Alternative Dispute Resolution (ADR). If the two parties decide to settle out of court they can do it themselves, get referred by a judge to a magistrate for settlement discussions, or enter into an ADR proceeding. If there is no settlement the case proceeds to trial. The case can either be tried by jury or by bench (unless it’s an injunction which is always by bench). A jury trial begins with the selection of jurors, or citizens randomly selected for service. Once they are selected the trial begins with each side’s lawyers delivering their opening
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Stages of Civil and Criminal Proceedings - Stages of Civil...

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