Trial, Judgment, and Appeals

The trial is the culmination of the litigation process, where the factfinder (judge or jury) hears evidence and renders a verdict. After trial, the parties may seek post-trial relief or pursue an appeal.

The Right to a Jury Trial

The Seventh Amendment preserves the right to a jury trial in federal civil cases where the amount in controversy exceeds $20. Most states also provide a right to jury trial in civil cases. Either party may demand a jury trial; otherwise, the case is tried to the judge (a bench trial).

Trial Procedure

1. Jury selection (voir dire) — attorneys question potential jurors and exercise challenges

2. Opening statements — each side previews their case (not evidence; just a roadmap)

3. Plaintiff's case-in-chief — the plaintiff presents witnesses and exhibits; each witness is subject to direct examination and cross-examination

4. Defendant's motion for judgment as a matter of law (Rule 50(a)) — arguing the plaintiff has not met the burden of proof

5. Defendant's case — the defendant presents witnesses and exhibits

6. Rebuttal — the plaintiff may present evidence to counter the defendant's case

7. Closing arguments — each side summarizes the evidence and argues their interpretation

8. Jury instructions — the judge instructs the jury on the applicable law

9. Deliberation and verdict — the jury deliberates and returns a verdict

Types of Judgments

Verdict — the jury's decision on the facts

Judgment — the court's official ruling based on the verdict

Judgment as a matter of law (JMOL) — the court overrules the jury when no reasonable jury could reach the verdict rendered

Default judgment — entered when the defendant fails to respond

Consent judgment — based on the parties' agreement

Post-Trial Motions

Renewed motion for judgment as a matter of law (Rule 50(b)) — requesting the court to set aside the verdict

Motion for a new trial (Rule 59) — arguing errors during trial require a do-over

Motion to alter or amend judgment (Rule 59(e)) — requesting changes to the judgment

The Appeals Process

A party dissatisfied with the judgment may appeal to the appropriate appellate court:

Appeals are not retrials — the appellate court reviews the record from the trial court

The appellant must identify specific errors of law that affected the outcome

Appellate courts defer to the trial court's factual findings unless clearly erroneous

The court may affirm, reverse, modify, or remand the case

In federal court, appeals go to the Circuit Courts of Appeals and potentially to the Supreme Court

Enforcement of Judgments

A judgment is only as valuable as the winner's ability to collect. Enforcement tools include:

Wage garnishment

Bank levies

Property liens

Debtor examinations

Trial, Judgment, and Appeals