What Happens After Summary Judgment: Understanding the Trial and Appeals Process in Private Sector Litigation
Release Date: 12/27/2023
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info_outlineYou’ve made it through summary judgment; now what? This episode wraps up our series on the litigation process in the private sector. Previous episodes have covered the steps of the litigation process, from filing the complaint to the answer, the motions to dismiss, and the discovery process. Now, Tom will guide us through the final steps of the process, specifically focusing on the trial and appellate process.
Tom highlights the practical realities and legal technicalities of the trial and appellate process. He gives an in-depth analysis of how these processes function and what they mean for the litigants involved.
This episode centers on what to expect when a case reaches the trial stage and the potential appellate implications.
Key Takeaways:
Surviving Summary Judgment:
After surviving summary judgment, the likelihood of going to trial is relatively low, with many cases settling at this stage. The momentum for settlement arises from various factors, including the unpredictability of trial outcomes, the potential burden of attorney's fees on the defendant, and the desire to avoid negative publicity. However, for cases proceeding to trial, the process is meticulous and involves strategic preparations.
Preparations for Trial:
At the onset of trial preparations, extensive work is directed towards compiling exhibits and meticulously preparing motions in limine. Exhibits play a crucial role in presenting evidence, and preparing binders for the court is a considerable undertaking. Simultaneously, filing motions in limine becomes crucial in excluding potentially damaging evidence from the opposing party.
Jury Trial and Bench Trial Distinctions:
Understanding the differences between a jury trial and a bench trial is pivotal. While both share similar rules and procedures, jury trials necessitate additional considerations, such as proposing jury instructions. These instructions become integral in guiding the jury on the elements of the case and can significantly impact trial outcomes.
Jury Selection and Trial Proceedings:
The jury selection process involves critical evaluations, with both sides granted the opportunity to question prospective jurors. Considering the potential impact of jury instructions and the dynamics of trial proceedings, the stress and unpredictability of trials become apparent. It is essential to prepare for unexpected developments and understand that setbacks during trial do not necessarily equate to losing the case.
Post-Trial Considerations and Attorney's Fees Litigation:
Upon obtaining a favorable verdict at trial, a secondary phase of litigation might unfold in cases where fee shifting is applicable. This litigation involves determining attorney's fees and negotiating with the opposing party. This phase significantly impacts the final resolution of the case and requires thorough documentation and legal arguments.
Insights on the Appellate Process:
Tom explains the appellate process, emphasizing that appeals are typically addressed post-trial and are subject to judicial processes. The distinction between trial and appellate courts in the evaluation of evidence and the focus on matters of law rather than factual determinations is highlighted.
Impact of Appellate Proceedings on Case Resolutions:
Understanding the impact of appellate proceedings on overall case resolutions is imperative. Tom explains the complexities of appellate litigation, emphasizing the appellate court’s role in rectifying erroneous trial outcomes and ensuring fair resolutions.
Listen to the complete podcast series on the private litigation process to learn what to expect at every stage.
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Links and Resources
Podcast Series on Navigating the Steps in the Litigation Process
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.