During a trial, witnesses are called to give testimony about disputed facts in the case. During testimony, witnesses sit on the witness stand, which faces the courtroom. Witnesses are asked to testify by one party in the trial and are therefore referred to as defense witnesses, government witnesses, or plaintiff witnesses. In criminal trials, there is usually a jury present. The jury consists of people who have been questioned beforehand and deemed to be able to provide an objective view.
A jury consists of twelve members and often a few alternates in the case that any of the original jury members need to be dismissed. During a court trial, the parties are allowed to present their cases using approved legal procedures. If a jury is present, they are then tasked with exploring the evidence presented during the trial even further to come up with a verdict.
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Who Can Be Found in a Courtroom? The Judge The judge is the person who presides over a trial from a desk called a bench, which is normally on an elevated platform at the head of the courtroom.
Once both sides present their case, closing arguments offer once last chance to convince the jury before their deliberations begin. The judge provides specific instructions to the jury to help them make their decision and then the jurors consider the case as a group.
Once the jury has made a decision, the judge announces the verdict. If you win the case, the defendant is often required to pay monetary damages. Ordinarily, an insurance company is involved and payment of your damages should not be a problem, because the insurance company is prepared for this very type of situation.
However, in some cases, when the jury or judge awards you damages in your personal injury lawsuit, the losing party may not have insurance or may refuse to pay the judgment amount or follow the court order. Our legal team at Slack Davis Sanger has the experience and skills to guide you through each stage of the process.
Take a few minutes now to start the ball rolling toward a possible recovery. Your case evaluation will be fast and free! Back to Articles Print. Injured In An Accident? Involved In An Accident? Ready to Get Started? A case summary may also need to be prepared. If a barrister is instructed to represent you at the trial then a brief to counsel will need to be prepared.
Between 3 — 7 days before the trial date the Claimant will need to file and serve a trial bundle. The trial bundle will contain key documents such as the claim form, particulars of claim, defence, disclosure documents with List of Documents, witness statements and court orders. The content of the bundle should be agreed with the other side wherever possible.
Depending on a number of factors such as the complexity of the case and whether Directions have been complied with on time, the trial of the matter will usually take place about 9 months after the case has been allocated. The duration of the trial also depends on a number of factors, such as the number of witnesses being called. Usually small claims track cases are listed for a half day trial; a fast track trial case may be listed for one day.
A multi track case may be listed for a number of days or even weeks. At the trial the judge will hear submissions i. At the end of the trial the judge will make a judgment. In a jury trial, a jury hears the evidence and issues a verdict. The verdict may say what will happen as a result, such as how much money one party must pay to the other.
If a party wants a jury trial, a request for it must be made in the complaint or the answer. A default judgment is a court order saying one party won because the other party did not respond or come to court.
In other words, if the defendant chooses to not participate, then the plaintiff automatically wins. If you received a default or default judgment, you may be able to ask the court to set it aside so you can take part in the lawsuit. The plaintiff and defendant could come to an agreement about the case without having a trial. This is a settlement. An out-of-court settlement is an agreement made between the parties without involving the court.
If the parties reach a settlement, the plaintiff will dismiss the complaint, and the court will close the case. The parties should put any such settlement into writing and sign it. Each side should keep a copy of the signed agreement. A consent judgment is an agreement between the plaintiff and the defendant in an ongoing case and approved by the judge.
This makes the settlement part of the public court record. This is called an appeal. Appeals can be complicated, and strict time limits apply. You may want to get help from lawyer. If your case is criminal or involves termination of parental rights case, and the lower court determined you are indigent can't afford to hire an attorney , that court will appoint a lawyer to represent you on appeal.
You need to sign and return the Request for Counsel form provided by the lower court within the time limit. For more information, see the manual created by the Michigan Court of Appeals to help non-lawyers file appeals. The manual is a procedural guide.
It provides forms and explanations for those forms, but does not provide legal advice. If you want legal advice, use Guide to Legal Help to find information about lawyers in your area. At the end of a case, the court issues a judgment or the parties reach a settlement.
The judgment or settlement says what the parties must do. Often, it orders one party to pay money to the other. A judgment could also include an injunction, which is an order from the court telling one of the parties to stop doing something.
The party who wins then has the right to collect the money awarded from the other party. The losing party can pay the entire amount of the judgment.
Or, the parties can agree on a payment plan, ask the judge to order one, or later a party can file a motion for installment payments. Skip to main content.
Google Tag Manager. Search for your legal issue. For complete results, select the county where you live or where your case is filed: Select county. Clair St. Are You Being Evicted? Find Legal and Financial Help Here. How a Court Case Begins.
Read More A court cannot hear a case if it does not have jurisdiction over both the parties and the subject matter of the case. The cases a court can hear depend on: the type or subject matter of the dispute; how much money is at stake the value of the dispute ; and location of the parties in the case. Jurisdiction Based on the Type of Dispute. The Michigan Constitution and other laws determine which courts can hear which kinds of cases. Read More For example, most family law disputes are heard in the Family Division of a circuit court, while cases about wills or guardianship are heard in a probate court.
Jurisdiction Based on the Value of the Case. The amount of money in dispute determines which Michigan court the case can be filed in. Jurisdiction Based on Location. Read More Someone outside Michigan can consent to jurisdiction within the state. Objecting to Jurisdiction. Civil cases are usually heard where the dispute happened. This is the venue. Read More Generally, the correct venue for a particular case is one that is most convenient.
Statute of Limitations. Read More For example, a creditor must file a debt collection case within six years of the last activity on the account. Read More In some kinds of cases, the plaintiff and defendant are called the petitioner and respondent.
Read More The lawsuit begins when the plaintiff files the complaint. For example, in a suit to collect a debt, the complaint may say something like: Defendant applied for and was given a credit card by Plaintiff on December 7, , and executed a Credit Card Agreement at that time. The First Filing. Read More A party to the case such as the plaintiff cannot be the one to serve the court papers. For personal service, the server gives the summons and complaint to the defendant in person.
All Other Filings. Read More You can serve the other party or their lawyer with the rest of the papers in your case by: Mailing a copy by regular mail to the address they gave in their court documents; Handing a copy to them in person; Serving electronically in MiFILE Only if your court is using e-Filing. What Happens During My Case? An answer to the complaint above might look like this: I agree with the statements in paragraph 1.
I agree with the statements in paragraph 2. I do not know if the statements in paragraph 4 are true. Read More If the defendant wants to file a defense, it must be filed with the answer. Read More All claims related to the claims made in the complaint must be raised in the same lawsuit. Amended Pleadings. Read More Within 14 days after the defendant serves an answer, the party who needs to can amend a pleading without getting permission from the judge.
Jury Demand. Read More In a civil case, a jury is a made up of 6 people. How the Jury Is Selected. Read More There are rules that must be followed when selecting a jury.
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