Greenville Personal Injury Lawyer explains how trial works in South Carolina…
Obviously during the course of my practice, I have the opportunity to try a lot of cases in front of juries.
One thing I find is that my clients often don’t understand how a trial works, so I’d like to take a minute to describe the process and explain how it works.
When a case goes to trial, it means that the plaintiff has filed a lawsuit and the parties have completed discovery, and the parties have not been able to settle the case themselves.
By the time a case gets to trial, the parties generally have been litigating the case for more than a year, and so they know that they have not been able to settle their case and so they will have to have a trial.
The morning the trial begins, the plaintiff, defendant, and their lawyers appear in court and the judge hears in any pre-trial motions that the lawyers file in order to determine the rules or the legal framework by which the case will be tried.
Then the judge qualifies the large group of citizens from whom a jury will be picked. From that large group of 60 or more people, the Clerk will randomly select 25 people or so, and from that smaller group the lawyers will have an opportunity to refuse certain jurors until a random group of 12 people are selected to serve as the jury.
The lawyers then make their Opening Arguments to the jury, wherein they explain what the case is about, who they will call to testify, and what facts they intend to prove.
The Plaintiff’s lawyer then begins to present his client’s case. He will call the plaintiff’s witnesses, including the plaintiff, and ask them questions under oath. The other lawyer will then have the opportunity to cross-examine the plaintiff’s witnesses.
After the Plaintiff presents his case by calling all of his witnesses, the Defendant presents his case by calling his witnesses and asking them questions. The Plaintiff then has the opportunity to cross-examine these witnesses.
After both sides have presented their cases, the attorneys make their Closing Arguments to the Jury. Wherein they explain to the Jury what facts were proven and how they think the Jury should find.
The Judge then instructs the Jury on the law, and the Jury is asked to leave the room to deliberate and until they can render a unanimous verdict on whether the Defendant is liable to the Plaintiff, and if so, the amount of damages to which Plaintiff is entitled.
This process can take as little as a day, or it can take several days depending on the case. The parties and their lawyers will be expected to attend the entire trial.
My name is David Price, and my job is to try cases in front of juries.
If you were injured by another person, then I want to help you.
Please call me today at 864-271-2636, or visit my website at http://greenvillelegal.com