FIGHTING FOR OUR RIGHTS – THE LGBTQ COMMUNITY·SATURDAY, APRIL 1, 2017
Iowa Judicial Branch
Civil cases typically involve disputes between individuals or groups of individuals. The three major areas of civil litigation are domestic relations law (e.g., divorce and child custody), tort law (e.g., personal injury, property damage, or product liability), and contract law (e.g., written and oral agreements). The following is an overview of the court procedures for civil cases. Pretrial Procedures A civil action is commenced by one party filing a petition. In most cases, this party is referred to as the plaintiff. In domestic relation cases, the person filing the petition is the petitioner. In the petition, the plaintiff sets forth the parties involved, the theories of recovery, and the relief sought. The petition is filed in district court and served or delivered to the opposing party. Generally, the opposing party is the defendant. In domestic relation cases, the opposing party is called the respondent. The defendant then will file answered motions or an answer. An answer is a document denying or admitting liability.
After the initial petition, the parties may file pretrial motions. These motions may request the court to dismiss the entire lawsuit, dismiss a claim or party, or limit the evidence to be presented at trial. The parties may also engage in discovery—a process to obtain information from the opposing party. A party may file interrogatories, which are written questions to be answered by the other party. A party may also take depositions, or ask oral questions, of a witness after the witness has taken an oath to tell the truth. Parties often reach a settlement or an agreement to resolve the lawsuit during this process.
After the completion of the discovery process and the filing of any pretrial motions, the court will schedule a pretrial conference unless the parties have reached a settlement. During the pretrial conference, a judge and the lawyers for the parties discuss a wide variety of trial topics and the judge will set a trial date. The Trial Many civil actions may be tried to either a judge (often referred to as a bench trial) or a jury. Generally, the plaintiff must make a jury demand or a request for a jury trial. If such a request is not made, the case will proceed to a bench trial, in
which the judge, rather than a jury, acts as the fact finder and enters the verdict. Certain types of civil actions such as domestic relations cases, probate matters, and administrative law cases are always tried to a judge.
If instead the plaintiff requests that a jury determine the outcome, the court will proceed with the jury selection process. A jury panel consisting of sixteen jurors will be drawn randomly from a jury pool. The judge and the parties then have the opportunity to ask the prospective jurors questions. This process is referred to as
Each party has the opportunity to give an opening statement, which is an overview of the evidence that is expected to be presented. The opening statements are followed by the presentation of evidence. Parties generally present evidence by calling witnesses and asking questions. Each party must abide by the Iowa Rules of Evidence in doing so. These rules govern what evidence is admissible at trial, and how it is presented. If a party believes the other party is not following the rules, that party may raise an objection. The judge will then either sustain or overrule the objection. During a bench trial, the judge may reserve ruling on the objection.
The plaintiff must present evidence first. The defendant has the opportunity to crossÂexamine— question the plaintiff’s witnesses. After the plaintiff is done presenting evidence, the defendant may present evidence. However, because the plaintiff has the burden to prove his/her case the defendant is not required to present evidence. If the defendant does present evidence, the plaintiff has the right to crossÂexamine any defense witnesses, and after the completion of the defendant’s case, the plaintiff may present further evidence to rebut the evidence presented by the defendant.
Once the parties are through presenting their evidence, they each have an opportunity to make closing arguments to the jury. Closing arguments are an opportunity to persuade the judge or jury to decide the case in favor of a party. Closing arguments must be based upon the evidence produced in trial.
Most civil court trials are stenographically recorded by a court reporter so that there is an official transcript of the testimony given during the proceedings.
4/1/2017 Civil Procedures: Overview
Jury Deliberation Prior to, or after closing arguments, the court will give jury instructions, which describe the law and procedure that the jury must use in making its decision. After the conclusion of the closing arguments, the jury will pick a foreperson and discuss the evidence in private. To reach a decision, seven of the eight jurors must agree. If the jury cannot agree, the court may declare a hung Âjury and the case may be tried again to another jury at a later date. In cases with only a six Âperson jury, after three hours of deliberation, only five jurors must agree to reach a verdict. Post trial Procedure Following the jury’s verdict, the parties may file post trial motions seeking certain relief from the court, such as a motion for new trial or a motion for judgment not withstanding the verdict. The parties may also file a notice of appeal to have the case reviewed by an appellate court. (See Appellate Procedure Overview.)
