You are currently viewing 审判程序指南

审判程序指南

  • 职位类别:诉讼

罗斯·凯伦著

Lawsuits can be daunting propositions, whether you’ve decided to file paperwork that starts the legal proceedings or are in the position of defending yourself or your company. Court proceedings involve a myriad of steps, but relatively few cases go through each potential step. This trial process guide can help you understand court procedures and the steps required to complete the process.

什么是审判程序?

A trial is a legal process during which attorneys for a plaintiff and defendant present facts of a case to a jury. Each side presents evidence to support their version of what happened. The plaintiff is the party who initiates a lawsuit, 被告就是公司, 实体, or individual being sued or accused of wrongdoing.

犯罪与. 民事审判

两种情况 进入庭审阶段. Criminal cases focus on enforcing the law, with the government bringing charges and prosecuting entities such as businesses, 组织, 或者个人. Civil suits cover a broad range of areas, from business litigation and contracts to family law issues and personal injury cases.

庭外和解

Everyone is entitled to their day in court. However, this is an expensive, time-consuming process. It is not uncommon to settle a civil claim by mutual agreement. This can happen at any time: before a suit is filed, 审判前, 审判期间, 陪审团在商议, 或者在判决之后. A settlement doesn’t indicate right or wrong, and it doesn’t have to settle the entire case. Any remaining issues can be left to the judge and jury.

审前活动

Once the plaintiff’s attorney files the initial paperwork, the defendant’s attorney has time to formulate and submit a response. The papers, known as pleadings, describe each side’s part of the dispute. 诉讼 begins when the plaintiff formally files a complaint with the court and notifies the defendant. The complaint details the problem and the legal basis for holding the defendant responsible. 对投诉的回应, 反诉, and appropriate replies can take weeks to months to work through.

Each party prepares its case during the discovery phase. This is often the longest part of the process, involving digging into all facts and issues involved in the case. It includes questioning third-party witnesses, 称为沉积, 专家证人, 要求文件副本, and other investigative techniques used to obtain as much information as possible about the situation. Either side’s attorney may ask the court to act on the case’s facts or provide clarification or resolution relating to procedural disputes between the parties. A motion for summary judgment asks the court to dismiss the case in part or entirely without a trial.

审判

Each side delivers opening statements to the jury pertaining to their respective clients, providing an overview of the situation. Evidence is presented in the form of documents, physical proof, and witness testimony. The plaintiff’s side starts by calling witnesses, and the defendant’s attorney may cross-examine each. Next, the defending party calls its witnesses, and the plaintiff’s attorney can cross-examine.

After each side’s attorney delivers the closing arguments, it’s up to the jury to determine the case’s facts based on each party’s testimony. If they rule in favor of the plaintiff, they may award damages in a specific amount to be paid by the defendant. If they rule in favor of the defendant, they could determine liability and award damages to be paid by the plaintiff.

经验丰富的密歇根诉讼律师

法庭程序很复杂. You deserve experienced legal representation, ensuring your rights are protected and achieving the best possible outcome. 如果你住在密歇根州西部, 龙8国际app to schedule a consultation to learn about your options, including alternate dispute resolution methods, and for an assessment of your case. 龙8国际app has convenient offices in Kalamazoo and Grand Rapids. 呼叫 (269) 382-4818 今天!

图片来源: 疯狂都市女郎