What is the civil trial process?

The process is generally as follows:

• Filing a Complaint  and Answer (Pleadings)
• Pre-trial motions
• Jury Selection
• Opening Statement(s)
• Presentations of Evidence
• Rebuttal & Surrebuttal
• Jury Instructions
• Jury Deliberation
• Verdict
• Judgment

Each step is discussed further below.

What is the general process or steps involved in a civil trial?

A civil trial begins with the pleadings. 

Following the pleadings, the parties will generally submit a number of motions to the court for various reasons. 

This is generally known as pretrial matters. 

After the pre-trial matters conclude, the trial process begins. 

A jury trial begins with the parties selecting a jury through the voir dire process. Once the jury is selected, the trial commences. 

The judge opens the case by going on the record and announcing the case and the parties to the dispute. 

The pleadings become part of the official record of trial. 

The parties are then given the opportunity to make an opening statement to the jury. 

The plaintiff goes first and the defendant is given the opportunity to follow. 

Often, the defendant will defer delivering the opening statement until after the plaintiff has delivered her entire case.

Following the opening statement, the plaintiff will present all of the evidence and witnesses to support her case. 

Once the plaintiff completes her presentation of evidence, the Defendant will move the court for a directed verdict. 

If the motion is denied, the defendant is allowed to present evidence in rebuttal of the plaintiffs case. 

Once the defendant completes her presentation of evidence, the jurisdiction may allow the plaintiff a chance to rebut the defendants case with any additional presentation of evidence. 

At the conclusion of the plaintiffs rebuttal, the defendant is allowed to the opportunity to rebut the plaintiffs rebuttal. This is known as the surrebuttal. 

At the conclusion of the surrebuttal, all parties rest. 

At this point, the defendant will again move the court for summary judgment based upon the presentation of all evidence. 

If the motion is denied, the court will then allow the parties to make a closing statement to the jury. 

After closing statements, the presentation of evidence is closed. 

The remainder of the case belongs to the judge and jury.

Related Topics

• Civil Litigation Procedure (Intro)
• What is a civil lawsuit or civil action?
• Who are the parties to a lawsuit?
• What is standing to sue?
• Venue
• What is personal jurisdiction?
• What is a class action?
• What are the pleadings?
• What is discovery?
• What is the scope of discovery?
• What are motions and how are they used?
• What are frivolous cases?
• Barratry
• What is the process of selecting a jury?
• What are the steps involved in a civil trial?
• What is the burden of proof in a civil trial?
• How is a civil trial decided?
• Adjudication
• Default Judgment
• Stipulated Judgment
• Equitable Defenses
• Equitable Relief
• Doctrine of Clean Hands
• Compensatory Damages
• Punitive Damages
• Replevin
• What is joint and several liability?
• Judgment Proof
• What is the process for appeal?
• Amicus Curiae Brief
• How do parties enforce a civil judgment?
• Levy
• Garnishment
• Writ of Attachment
• Writ of Execution
• Writ of Seizure and Sale
• Sheriff's Sale
• What is res judicata