In California civil litigation, the trial is the formal legal proceeding where the parties present their evidence and arguments before a judge (or jury) to resolve the dispute. A civil trial typically involves the plaintiff seeking damages, injunctive relief, or other remedies, while the defendant defends against the claims. Below is an overview of the trial process in California civil litigation, including key stages, procedures, and strategies.
- Pre-Trial Procedures
Before the trial begins, several key steps are usually taken:
• Case Management Conference (CMC):
o This is a meeting where the court, parties, and attorneys discuss the status of the case, deadlines, and any outstanding issues. The court will set dates for discovery cutoff, motions, and trial.
o Timeline: Typically held early in the litigation after the case is filed.
• Pre-Trial Motions:
o Motions in Limine: These are motions made before or during trial, asking the court to exclude certain evidence.
o Motion for Summary Judgment: A request to have the case dismissed because there are no factual disputes and the law supports the movant’s position.
o Motions to Compel: If there are discovery disputes, motions may be filed to force compliance with discovery requests.
• Pre-Trial Conference:
o Before trial, the court will hold a pre-trial conference to review trial readiness, clarify issues, and determine the trial date.
o The parties may be required to submit a pre-trial statement, which outlines issues, evidence, witnesses, and exhibits.
- Jury Selection (Voir Dire)
In civil trials, the parties have the right to a jury trial unless they waive this right. Jury selection is an important process where the attorneys and the judge ask potential jurors questions to assess their suitability for the case.
• Voir Dire: This is the questioning process where attorneys ask prospective jurors about their background, beliefs, and potential biases to determine if they can be impartial.
o Peremptory Challenges: Each side typically has a limited number of challenges they can use to remove jurors without cause.
o Challenges for Cause: If an attorney believes a juror is biased or unsuitable for the case, they can request the court to remove that juror for cause.
• Juror Composition: In California, civil jury trials typically consist of 12 jurors (though some cases may have fewer). A verdict can often be reached with a supermajority (e.g., 9 out of 12 jurors).
- Opening Statements
Once the jury is selected, the trial begins with opening statements:
• Plaintiff’s Opening Statement: The plaintiff’s attorney presents an overview of the case, explaining what they intend to prove during the trial.
• Defendant’s Opening Statement: The defendant’s attorney may follow with their opening statement, presenting their side of the case and outlining their defense.
Opening statements are not arguments but an opportunity to preview the case for the judge or jury.
- Presentation of Evidence (Direct and Cross-Examination)
The trial is the stage where the parties present their evidence and witnesses. The burden of proof is typically on the plaintiff, who must prove their case by a preponderance of the evidence (i.e., more likely than not).
• Plaintiff’s Case-in-Chief: The plaintiff calls witnesses and presents evidence, including documents, physical evidence, and expert testimony.
o Direct Examination: The plaintiff’s attorney questions their witnesses to establish facts favorable to their case.
o Cross-Examination: The defendant’s attorney has the opportunity to cross-examine the plaintiff’s witnesses to challenge their testimony and credibility.
• Defendant’s Case-in-Chief: The defendant presents their case, calling their own witnesses and introducing evidence.
o Direct Examination: The defendant’s attorney questions their witnesses to support their defense.
o Cross-Examination: The plaintiff’s attorney cross-examines the defendant’s witnesses.
• Rebuttal and Sur-Rebuttal: After the defendant’s case, the plaintiff may offer rebuttal evidence to counter the defense’s arguments. The defendant may then offer sur-rebuttal evidence.
- Closing Arguments
After all evidence has been presented, each side delivers closing arguments:
• Plaintiff’s Closing Argument: The plaintiff’s attorney summarizes the evidence and arguments, urging the judge or jury to find in their favor.
• Defendant’s Closing Argument: The defendant’s attorney also summarizes their case, pointing out weaknesses in the plaintiff’s case and urging the judge or jury to rule for the defense.
The plaintiff typically goes first and has the last word, as they have the burden of proof.
- Jury Instructions and Deliberation
If the case is being tried before a jury, the judge will give the jury instructions on the applicable law:
• Jury Instructions: These instructions explain the legal standards that the jury must apply in evaluating the case. They include instructions on how to assess credibility, the burden of proof, and specific laws relevant to the claims.
After receiving the instructions, the jury deliberates in private to reach a verdict.
• Verdict: The jury will return a verdict after deliberation. In most civil cases, a majority verdict is sufficient (typically 9 out of 12 jurors). The jury will decide the outcome of the case, including whether the plaintiff should win, and if so, how much in damages.
• Special Verdicts: In some cases, the jury may be asked to provide answers to specific questions about the facts of the case rather than giving a general verdict. This is known as a “special verdict.”
- Post-Trial Motions
After the jury returns a verdict, there may still be further proceedings:
• Motion for Judgment Notwithstanding the Verdict (JNOV) (CCP § 629): A party may ask the court to overturn the jury’s verdict if they believe the jury’s decision was not supported by the evidence.
• Motion for New Trial (CCP § 657): A party may request a new trial, usually based on errors in the trial process (e.g., jury misconduct, improper rulings by the judge, etc.).
• Motion for Attorney’s Fees and Costs: If the prevailing party is entitled to attorney’s fees or costs under a contract or statute, they may file a motion seeking reimbursement.
- Judgment
• Entry of Judgment: The court will enter judgment based on the jury’s verdict or the court’s ruling. The judgment will specify the relief awarded (e.g., damages, injunctions).
• Post-Judgment: After judgment, there may be additional steps to enforce the judgment, such as wage garnishments or property liens if the losing party does not voluntarily comply.
- Appeals
• Appeals: The losing party may appeal the judgment to a higher court, such as the California Court of Appeal. However, appeals are limited to legal issues (e.g., improper jury instructions, evidentiary errors) rather than factual disputes.
o The appeal process is separate from the trial and focuses on whether the trial court made legal errors that affected the outcome of the case.
Conclusion
The trial phase of civil litigation in California is the formal process where the parties present their cases to the judge or jury for a resolution. While trials can be complex and time-consuming, understanding the key steps—pre-trial motions, jury selection, presenting evidence, closing arguments, and post-trial motions—can help ensure effective trial strategy. Successful litigation often depends on careful preparation, strategic use of evidence, and the ability to respond to legal challenges as they arise.
