Civil Trial and Verdict

In a civil trial, a judge or jury examines the evidence to decide whether the defendant is legally responsible for the damages alleged by the plaintiff. A trial allows the plaintiff to argue their case and get a judgment against the defendant. It's also the defendant's chance to refute the plaintiff's case and show evidence of the dispute.

After both sides have presented their arguments, the judge or jury decides if the defendant is liable and to what extent. Depending on the type of case, a civil trial may not focus only on the plaintiff's allegations and the defendant's liability. For example, in divorce, the judge decides after hearing from both sides. The judgment may favor one spouse on one issue (child custody) and the other spouse on another (alimony). This article about the trial process discusses a typical civil case.

Note: Many parties resolve civil cases via alternative dispute resolution, arbitration, or mediation. Personal injury cases reach trial less than 5% of the time.

A complete civil trial consists of seven phases:

1. Choosing a jury
2. Opening statements
3. Witness testimony and cross-examination
4. Physical evidence
5. Closing arguments
6. Jury instruction
7. Jury deliberation and verdict

Choosing a jury

Some cases, such as family law cases, don't have jury trials. In the rest, one of the first steps is jury selection. During jury selection, or voir dire, the judge and attorneys will question a pool of potential jurors about the case and general matters. The judge can excuse potential jurors at this stage.

The plaintiff and the defendant may exclude some jurors through challenges. A party has a limited number of peremptory challenges, excluding jurors for any reason and a limited number of challenges for cause. Challenges for cause exclude jurors who can't be objective in the case.

Once all parties agree on the jurors, the clerk swears them in. The jurors must swear they will try the case based only on the evidence presented and follow the court's instructions.

Opening Statements

After the clerk swears in the jury, the plaintiff's and defendant's attorneys make their opening statements. The plaintiff gives their opening statement first. The defendant can wait until the plaintiff finishes their main case to make their statement.

In an opening statement, the attorneys present the facts of the case and the reasons the jury should find for their client. During opening statements, the attorneys tell the jury what evidence they will present, the witnesses who will testify, and how all the evidence ties together.

Attorneys can't "argue" during opening statements. That is, they cannot make any inferences suggesting that the other side is at fault or defending their client. Attorneys can't produce evidence later in the trial unless they bring it up first in their opening statements.

When a civil lawsuit has multiple parties, such as three plaintiffs or one defendant later joins another defendant, each party may have their own opening statement, or one attorney may give a single statement for all of them.

Witness Testimony and Cross-Examination

Following the opening statements, the plaintiff presents their case, called the "case-in-chief." The plaintiff must show the jury that the defendant is liable for the plaintiff's damages. The plaintiff may call witnesses and experts to testify. The plaintiff may also introduce physical evidence, such as photographs, documents, and medical reports. Expert testimony and documentary evidence are crucial in proving the defendant's legal liability in complicated civil lawsuits such as employment discrimination and product liability claims.

Witness testimony follows a standard format:

• The clerk swears in the witness.
• The party who called the witness questions the witness through direct examination. Direct examination asks questions about what the witness knows about the case.
• After direct examination, the opposing party has "cross-examination." The attorney casts doubt on the witness's credibility, pokes holes in their story, and attempts to invalidate their testimony.
• If necessary, the first attorney can question the witness again through "re-direct examination." This helps rehabilitate the witness and undo any damage done by cross-examination.

The defense has a turn to call its own witnesses and direct, cross, and re-direct with the defense witnesses.

Physical Evidence

Physical evidence includes photographs, videos, reports, and other documents. The rules of evidence differ slightly in each state, but all lay out how attorneys must present this to the jury. In most states, a documentary custodian must explain how they record and store information. The person who took photos and videos must be present to authenticate the images.

The defense may present its own physical evidence. It can also try to invalidate the plaintiff's evidence by challenging the authenticity or "chain of evidence." After the defense case, the plaintiff may have a "rebuttal." This is an opportunity to counter the defense evidence.

When the parties have presented their cases, they "rest," meaning there is no more evidence to show. Once the parties have rested, they can't present new evidence or call new witnesses.

Closing Arguments

Closing arguments are the plaintiff's and defendant's chance to summarize the case. The plaintiff's attorney will recap the case and remind the jury of the key evidence. The defense will focus on any holes in the plaintiff's case or how the plaintiff contributed to the accident.

Jury Instruction

The final step is jury instruction. The judge tells the jury the rules of evidence and the burden of proof in a civil case. In a civil case, the plaintiff has the burden of proof. The plaintiff must show with a preponderance of evidence that the defendant is liable for their harm. Preponderance of evidence means that "it is more likely than not," or about 51%.

Judges write jury instructions with input from both plaintiff and defense and standard jury instructions from the state bar. Standard instructions contain basic rules the jury must know, such as definitions of legal terms and damages.

The case then goes to the jury.

Jury Deliberation and Verdict

Jury instructions include a warning to base their deliberations only on the facts in the case. Jurors must consider what the witnesses said, the photos and videos they saw, and the documents shown. The jury must determine the degree of fault, whether the facts in the case meet the tort or claim specified, and the amount requested.

About 30 states allow a majority verdict in a civil case. Unlike a criminal trial, which must be unanimous, a civil trial can have a 9-3 or 10-2 verdict. The judge declares a mistrial if a jury can't reach a verdict. If the plaintiff wants a new trial, they must refile the entire case.

Post-Verdict and Appeal

A jury verdict is not the only way a trial can end. After the plaintiff presents their case, the defense may move for a "directed verdict" or judgment as a matter of law (JMOL). This motion states that the plaintiff has not proved their case, and the judge should rule in favor of the defendant. A directed verdict is difficult to get.

Once the jury has reached a verdict, either attorney can request a "judgment notwithstanding the verdict" (JNOV). A judge may issue a JNOV if the judge believes that the jury should not have reached the verdict or if one attorney requests it.

If the judge affirms the jury's verdict, the losing party can still appeal. A civil appeal does not retry the case. Instead, an appellate court reviews the pleadings, evidence, and trial transcript. An appeal contains an appellate brief describing why the party believes the ruling was incorrect and what the appellate court should rule instead.

Get Legal Advice

If you're facing a civil case that may involve a jury or bench trial, you need help from someone who understands civil procedure. Contact a civil law attorney near you to discuss any legal matters.