THE US CIVIL TRIAL PROCESS IS NOT VERY DIFFERENT FROM THAT OF THE PHL, EXCEPT PERHAPS THAT IN THE USA THE DISCOVERY PROCESS IS REALLY EMPHASIZED AND PRACTICED, UNLIKE IN THE PHL.
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What are the basic steps that a civil case takes?
- The plaintiff (you) files a complaint. This is a document detailing the facts as the plaintiff sees them and explains why he believes that he should be able to recover damages.
- The defendant then files an answer. The defendant admits, denies or states that he does not have enough information to admit or deny each of your allegations.
- After you receive the answer, the parties engage in discovery. Each party can ask the other questions in writing, called interrogatories. You may also ask the defendant to produce relevant documents. Often the lawyers meet with the judge before discovery starts, make a schedule and agree on certain rules.
- The next step is the taking of depositions. Each party can ask the other party and the party’s witnesses questions under oath. The proceedings are recorded, either in a transcript and/or on video, and the testimony is very much like what would happen at trial, except that the judge and jury are not there.
- After all the discovery is concluded, the defendant will probably move for summary judgment. This motion argues that even if the facts are as the plaintiff states, there is no legal theory under which he can recover. The judge will rule on this motion, and if it is granted, then the plaintiff loses the case.
- The judge may require the two parties to discuss the possibility of settlement before the trial date. If settlement discussions were not successful, then the case is set for trial.
- Your case is tried and the jury decides whether you are entitled to damages and then the amount of damages.
- Often the losing party at trial appeals, arguing that the judge made a mistake of law at the trial.
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