Hi there!
There are two kinds of trials - civil and criminal, each with its own
procedures. I will briefly list the step by step procedures for each
below, and include links to full explanations.
CIVIL TRIAL
-----------
Pre-trial Procedures
-- petition (written application to a court requesting remedy under
the law)
-- pre-trial motions (written application to a court requesting action
in a
pending case)
-- discovery (process of obtaining information from the opposing
party)
-- interrogatories (written questions from one party to another,
must be
answered under oath.)
-- depostions (testimony not taken in open court, but taken
elsewhere in
accordance with strict procedures set forth under the law.)
Trial
-- Jury selection
-- "voir dire" (questioning of potential jurors by the attorneys
and judge)
-- empanelment
-- opening statements (both sides)
-- presentation of evidence (first plaintiff, then defendant)
-- closing arguments (both sides)
Jury Deliberation
-- instructions (given by the judge, sometimes before closing
arguments, but
usually after)
-- deliberation (jury privately discusses case)
-- verdict
Post-trial Procedure
-- post-trial motions
-- motion for new trial
-- motion for judgment not withstanding the verdict
-- notice of appeal
CRIMINAL TRIALS
---------------
Pre-trial Procedures
-- initial appearance
-- advice of charges
-- entrance of plea (in cases of minor offenses)
-- request for bail
-- granting/denial of bail
-- preliminary hearing (usually waived by defendant)
-- trial information/formal statement of charges (or indictment if a
grand jury
is convened)
-- arraignment
-- formal reading of charges
-- entrance of plea
-- discovery
-- pre-trial motions (may include plea bargaining)
-- pre-trial conference
Trial
-- Jury selection
-- "voir dire"
-- empanelment
-- opening statement
-- plaintiff first
-- defendant may reserve statement
-- presentation of evidence
-- defense not required to present evidence
-- burden is on State to prove guilt beyond a reasonable doubt
-- if defense presents evidence, State may present "rebuttal
evidence"
-- closing arguments
Jury deliberations
-- instructions
-- deliberations
-- verdict
-- must be unanimous
-- if not unanimous, mistrial will be declared
-- if mistrial is declared, new trial date must be set
-- post-trial motions
Sentencing
-- presentence investigation report
-- victim impact statement
-- sentencing
After sentencing, the defendant may appeal. If the appeal is lost,
the sentence is imposed.
THE TRIAL PROCESS
http://www.judicial.state.ia.us/about/procedur/trial.asp
Additionally, you can find a full explanation of the appeals process
here:
THE APPELLATE PROCESS
http://www.judicial.state.ia.us/about/procedur/appellate.asp
More about state court procedures can be found at USLaw:
American Judicial System: State Court Procedures
http://www.uslaw.com/library/article/ABAJudicialStateProcedures.html
...and through the Judicial Council of California:
Jury Trial
http://www.courtinfo.ca.gov/jury/process.htm
According to the Legal Information Institute at Cornell Law School,
many states have modeled their legal procedures on Federal procedures.
Federal courts differ from State courts in that Federal courts also
handle Bankruptcy and Class Action suits, as well as cases which
involve violations of specific Federal statutes.
Procedures and explanations, which are too lengthy to list here, can
be found at the Legal Information Institute:
Federal Rules of Civil Procedure - Content and Context
http://www.law.cornell.edu/rules/frcp/overview.htm
Federal Rules of Criminal Procedure
http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/frcrm/query=*/toc/%7Bt1%7D?
Hope this helps!
--Missy |
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