Trial Procedures and the Courtroom

• Vary State by State– State statutory requirements

• Federal statues – cases at federal level

Pleadings

• Summons & complaint• Include all allegations of each party

to a lawsuit• Filed with court• Question law and fact– Law = judge decides– Fact = trial decides

Summons and Complaint

• Plaintiff: person who initiates an action – files complaint

• Defendant: person with complaint filed against them

• May be multiple plaintiff and defendants

Summons and Complaint

• Action starts – summons is filed • Summons – Defendant is served

• Complaint– ID’s parties– States cause of action– Demands for damages

Answer

• After complaint – response required of the defendant– Document “The Answer”– State defense: admit or deny– Must respond within set amount of

time

Bill of Particulars

• Initial complaint may provide little information

• Defense attorney request additional information

Discovery of Evidence

• Process of investigating the facts before a trial

• Four Objectives

Discovery of Evidence

• 1) Obtain evidence that might not be obtainable at the time of trial

• 2) Isolate and narrow the issues for trial

Discovery of Evidence

• 3) Gather knowledge of the existence of additional evidence that may be admissible at trial

• 4) Obtain leads to enable the discovering party to gather further evidence

Discovery of Evidence

• Discover and examine witnesses– EBT- examination before trial– Oral testimony– Cross examination– Deposition – permanent record of

case

Preparation of witnesses

• Review of pertinent records• Helpful guidelines p 222

The Court

• In the court that has jurisdiction• Judge is responsible for conduct,

must be fair to both parties • Determines if evidence is

admissible• Maintains order

The Jury

• Trial by jury – constitutional right– Can waive this right– Jury selected through jury list– 12 jurors– Counsel for both parties can question

jurors • Bias, prejudicial thinking….

The Jury

• Once selected– Sworn in to try the case– Makes determination of the facts that

have occurred– Determines the extent of damages

Subpoenas

• Legal order requiring the appearance of a person/documents to a court

• Subpoena ad testificandum- orders appearance of a person– Contempt of court if you do not show

Subpoenas

• Subpoena duces tecum – command to bring records and documents as evidence– Served to the person who can

produce items

Opening Statements

• Plantiff’s attorney- prove wrongdoing of defendant– Shell of the case

• Defense attorney- indicate position of defendant and points of plantiff’s case in refute

• http://www.youtube.com/watch?v=701EXbmG6F8&safety_mode=true&persist_safety_mode=1&safe=active

Burden of Proof

• Plantiff’s attorney must show that the defendant violated a legal duty by not following an acceptable standard of care– Plantiff suffered injury due to

defendant’s breach

Evidence

• Facts proved or disproved during a lawsuit

• To be admitted– Must be competent, relevant

Direct Evidence

• Proof offered through direct testimony

• Jury– Receive testimony– Draw conclusions

Demonstrative Evidence

• Evidence furnished by things themselves– Most trustworthy and preferred type

of evidence– Consists of tangible objects– Admissible if relevant

Demonstrative Evidence

• Not admissible– If prejudice, mislead, confuse, offend,

inflame, or arouse sympathy or passion of the jury

• Multiple forms of demonstrative evidence

Documentary Evidence

• http://www.youtube.com/watch?v=1jQP0Y2T2OQ&feature=relmfu&safety_mode=true&persist_safety_mode=1&safe=active

• Written evidence capable of making a truthful statement– Drug inserts, birth certificates…

• Authentic• Original of a document must be

produced

Examination of Witnesses

• Each witness takes an oath

• Examined by Plantiff and cross-examined by the defense autorney

Expert Witness

• For technical questions, the opinion of an expert is necessary– Training, experience, special

qualifications– Give an opinion concerning

hypothetical questions– Show extent or lack of damages to

plaintiff– http://www.youtube.com/watch?v=J_

o9D8xDGt4&safety_mode=true&persist_safety_mode=1&safe=active

Defense of One’s Action

• Defendant’s case is presented to discredit the plaintiff’s case of action & prevent recovery of damages– Assumption of risks, comparative

negligence, contributory negligence, good Samaritan law, ignorance of fact….

Assumption of Risk

• Knowing that a danger exists and voluntarily accepting the risk by exposing oneself– Show plaintiff given consent– Relieving the defendant

Comparative Negligence

• Each party is responsible for a proportional share of any damages

Contributory Negligence

• Any lack of ordinary care on the part of the person injured combined with negligent act of another = injury

• Person does not exercise reasonable care for his or her own safety

Good Samaritan Laws

• Relieves persons from liability in certain emergency situations

• Delineates the scope of immunity for those persons eligible under the law

Ignorance of the Law & Unintentional wrongs

• Defendant cannot use ignorance of law to excuse his negligent actions

• Must learn & understand the potential consequences of your actions in health care setting

Statute of Limitations

• Time constraints that restrict the period of time after an injury occurs during which a legal action must commence– When injury occurs– When person discovers the injury

Closing Statements

• Attorneys opportunity to summarize for the jury

• Point out opponent’s faults• Emphasize their strong points

Judge’s Charge to the Jury

• Defines the responsibility of the jury, describes the applicable law, and advises the jury of the alternatives available to it.

Jury Deliberation

• Jury deliberates as to whether or not the defendant is liable

• Returns to courtroom to deliver verdict

Jury Deliberation

• Judge can over rule• New trial may be ordered• Losing party can motion for a new

trial

Damages

• Award of money to be paid to a person as compensation for loss or injury

• Emotional distress, physical pain & suffering, economic loss