In the United States, litigation is the conduct of a trial. Every trial process is preceded by the jury selection process. The plaintiff seeks a remedy and the defendant must respond to the summons/complaint. In addition to the option to litigate, there are also alternative dispute resolution methods including mediation, arbitration, and different modes of negotiation.
Before the trial in dispute begins, jurors for both sides must be selected. It is the members of the council who have to select the members of the jury by questioning them and knowing their background. Either party has the right to object to the competition of a particular juror. The final acceptance or rejection of a member is decided by the court.
The trial begins with the plaintiff addressing the jury with an opening statement that includes the presentation of evidence, witnesses, etc. The burden of proof always rests with the plaintiff. During this process, the jury receives all the evidence, testimony, photographs, records, evidence, etc. The plaintiff’s direct witness may be questioned by the defendant. It is the ability of the defendant’s attorney to be able to challenge the accuracy of a witness. Once completed, it is the defendant’s opportunity to present the case in the old manner with all the evidence, etc. After the defendant rests his case, closing arguments and a summary of both sides follow.
The jury is briefed on the applicable law and regulations and informed of their duty before reaching a verdict. While in federal courts the verdict must be unanimous, in state courts a majority can reach a verdict. The total number of jurors is usually 12 or even less. The post-trial options available to the losing party include different post-trial activities such as,
- Harm Reduction Request
- Motion Against Jury Verdict
- Appeal to the State or to the US Supreme Court.
