Civil Case Map Martin Sharkey Western International Civil Case Map Stages Sub-stages Explanation of each Pleadings Summons The plaintiff gives notice to the defendant.
The plaintiff serves a complaint that states the plaintiff’s claim against the defendant regarding the electronic item.
The defendant files an answer.
The plaintiff may answer with a reply in the case of a counterclaim.
The parties gather evidence through depositions and interrogatories. expert witnesses. orders for the production of documents. requests for admissions, mental and physical examinations.
A conference may take place between the judge and the attorneys to simplify issues and plan the course of trial.
When the dispute is set for trial, parties have the right to a jury, unless the plaintiff requests an equitable remedy that is not money-related or if the amount in controversy does not exceed $20.
In this particular case if the plaintiff requests money, it is likely that a judge resolves the case.
The stages slightly differ for jury and non-jury trials. in this particular case a non-jury trial is chosen. During the trial, both plaintiff and defendant present opening statements, direct and rebuttal evidence, and final arguments. Finally the judge issues a verdict.
In this case, the decision is appealed because one of the parties believes that error of law was made during the trial. The parties cannot appeal the factual determinations in the trial. If the appeals court’s majority decision coincides with the trial court’s decision, the court has affirmed the decision. otherwise it reverses the trial court’s decision. In this case the trial court must retry the case.
In the case of no further appeal, the judgment of the court becomes final.
1. Meiners, R.E., Ringleb, A.H., &. Edwards, F. L. (2006). The legal environment of business (9th ed.). Mason, Ohio: Thomson.