{"id":368951,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/civil-cases-the-basics.html"},"modified":"2024-03-28T08:15:03","modified_gmt":"2024-03-28T13:15:03","slug":"civil-cases-the-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/civil-cases-the-basics.html","title":{"rendered":"Civil Cases – The Basics"},"content":{"rendered":"\n
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Civil Cases – The Basics<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

This article provides a comprehensive overview of the civil trials in the United States. It details the process of what happens in a civil case, starting from the initiation to the verdict. It also talks about the phases of the civil trial such as jury selection, the attorney’s opening statement, witness testimony, and more.<\/p>\r\n

Introduction to Civil Trials<\/h2>\r\n

A civil action often begins with the filing of the pleadings. The initial pleading is often a complaint filed by the Plaintiff. The complaint contains the legal facts of the case and the issues that give rise to the Plaintiff’s legal claims. This begins the civil trial between the parties.<\/p>\r\n

In a civil trial, a judge or jury examines the evidence presented by both parties. The court looks into whether by a preponderance of the evidence<\/a>, the defendant should be held responsible for the damages alleged by the plaintiff.<\/p>\r\n

A trial is the plaintiff’s opportunity to argue their case to obtain a judgment against the defendant. It also represents the defendant’s chance to refute the plaintiff’s case and offer evidence related to the civil case.<\/p>\r\n

After both sides present their arguments, the judge or jury considers whether to find the defendant liable. If the defendant is liable, the court will figure out to what extent. This may be money damages<\/a> the defendant must pay, or some other form of remedy.<\/p>\r\n

Depending on the type of case, a civil trial might not focus on the plaintiff’s allegations and the defendant’s liability. In most divorce cases, a trial judge decides after hearing claims from both sides of the dispute. The judge enters a judgment that may favor one spouse on one issue (child custody<\/a>) and the other spouse on another issue (alimony<\/a>).<\/p>\r\n

Pre-Trial Resolutions<\/h2>\r\n

Some civil actions are resolved before it reaches the jury trial stage. This often happens through settlements or Alternative Dispute Resolution (ADR)<\/a>. Alternative dispute resolution (ADR) processes like arbitration, negotiation, mediation, and conciliation, avoid the complexities of the federal court and state court rules.<\/p>\r\n

The purpose of the ADR is to assist parties in arriving at a mutual solution to their civil case. Compared to civil litigation, ADR is less formal and, in most cases, is a cost-effective means of settling a case.<\/p>\r\n

Stages of Civil Trial<\/h2>\r\n

A complete civil trial typically consists of six main phases, each of which is described in more detail below:<\/p>\r\n