Getting Ready for Trial

TYPICAL PARTS OF A TRIAL:

1.       Pretrial Conference.

At the Pretrial Conference lawyers, parties and a judge meet to determine what issues must be tried and what facts, if any, can be agreed upon. 

Settlements can be discussed that the pretrial conference also.  If all the issues currently in dispute can be worked out at the pretrial conference, a trial will not be necessary.

2.       Opening Statements.

Each lawyer summarizes the issues/facts that they intend to prove to the judge.  If there are limited issues, the opening statements may be waived.

3.       Petitioner’s Case.

Petitioner’s attorney presents their side of the facts with regard to the issues that are still in dispute.

4.       Respondent’s Case.

Respondent’s attorney presents their side of the facts with regard to the issues that are still in dispute.

5.       Rebuttal by Petitioner.

Petitioner’s attorney offers evidence to deny or counter issues raised or facts stated in Respondent’s case.

6.       Surrebuttal by Respondent.

Respondent’s attorney offers evidence to deny or counter any new issues or facts raised in the rebuttal.  (This step is unnecessary is most cases.)

7.       Closing Arguments.

Each lawyer summarizes the evidence presented in a light that is most favorable to their client.  Sometimes, closing arguments may be waived.

8.       Judge’s Ruling.  Some times the judge will rule on the issues immediately.  Other times, he will take it under advisement and we will receive an order some time within ninety (90) days of the date of the hearing or trial.

Don’t be alarmed if your attorney seems to be presenting the case differently than the way you had prepared.  Sometimes a good trial attorney needs to be flexible to adjust the defense to the evidence presented by the opposing party as well as the attitude of the judge.