Diagram of How a Case Moves Through the Courts
Diagram of How a Case Moves Through the Court
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Civil and Criminal Trials
Civil and Criminal Cases
Civil and Criminal Cases The law deals with two kinds of cases. Civil cases involve conflicts between people or institutions such as businesses. A civil case usually begins when a
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Settling Cases
Settling Cases Relatively few lawsuits ever go through the full range of procedures and all the way to trial. Most civil cases are settled by mutual agreement between the parties.
Pre-trial Procedures in Civil Cases
Pre-trial Procedures in Civil Cases Pre-trial Procedures in Civil Cases Suits begin with the filing of a complaint in the proper court. The person filing the suit is often referred to as
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Jurisdiction and Venue
Jurisdiction and Venue The plaintiff’s lawyer must decide where to file the case. A court has no authority to decide a case unless it has jurisdiction over the person or
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Pleadings
Pleadings A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents
Motions
Motions Motions are not pleadings but are requests for the judge to make a legal ruling. Some of the most common pre-trial motions include: Motion to Discover. A motion by
Discovery
Discovery To begin preparing for trial, both sides engage in discovery. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial.
Pre-trial Conferences
Pre-trial Conferences Judges use pre-trial conferences with lawyers for many purposes. One type of conference gaining popularity is the status conference (sometimes called the early conference). This conference—held after all initial pleadings have
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Pre-trial Procedures in Criminal Cases
Pre-trial Procedures in Criminal Cases Pre-trial procedures in criminal cases follow the general pattern of civil cases, but with important variations. For one thing, the process is apt to be
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