Explaining the civil trial process Research Paper

Explaining the civil trial process - Research Paper Example Notably, the above processes or procedures start after a plaintiff has filed a complaint against defendant with the appropriate court. Appropriateness of court is determined by various factors that include the origin of the plaintiff and defendant, the basis of the complaint, and the damages sought by the plaintiff (Pozgar & Santucci, 2011). For instance, if the plaintiff and defendant come from the same state, then the complaint can be filed within the state’s law courts. In the event that either of the parties is from a different state then a federal court would be appropriate in filing the complaint. In addition, if the complaint is where Amber Andetti (the plaintiff) is seeking to be compensated for damages that are below $3,000, then the most appropriate court is the Small Claims Court, otherwise other forms of courts could be appropriate if the amount is higher (Pozgar, 2007). The first process in a civil case after the complaint is filed is jury selection. Jury selection is the choosing of people who will serve at the trial jury. Even though every individual has the right for a trial jury, the concept is optional for civil cases but mandatory for criminal cases. Once the selection of jury is done the next process within the civil case will be delivery of opening statements (Pozgar, 2007). Opening statements are brief statements that the attorney makes to jury outlining facts as they see them and how they are going to proceed with the case. It should be noted that opening statements made by attorneys are not evidences since attorneys are not witnesses. The second step after opening statements is the presentation of evidence. Presentation of evidence involves witnesses of the plaintiff followed by the witnesses of the defendant. After the presentation of evidence by the witnesses of the defendant, any rebuttal