Timothy F. Rayne, Esquire

Caught in the midst of a lawsuit? Prepare yourself for what may lie ahead by understanding the basic elements of a lawsuit and/or trial

If you've never had to institute or defend a lawsuit, consider yourself fortunate, and hope that good fortune continues. However, in the event that you do find yourself entangled in civil litigation, below is a brief description of the process – the "anatomy," of a lawsuit – which consists of five phases: Pleadings, Discovery, Motion for Summary Judgment, Arbitration and Trial.

Pleadings
The Pleadings stage is the beginning of a lawsuit. Once the parties decide that a dispute cannot be resolved and court intervention is required, the injured party (Plaintiff) files a Complaint with the court. A Complaint is the written document that starts the lawsuit and sets forth the Plaintiff's dispute with the other party, the Defendant. The Complaint also describes what the Plaintiff seeks to recover in the lawsuit. Once the Complaint is filed and served upon the Defendant, the Defendant is required to respond to the allegations and provide defenses in an Answer. The Plaintiff then files a Reply to the defenses contained in the Answer. Then, the Pleadings stage is over.

Discovery
After the Pleadings stage, the parties may engage in Discovery in order to prepare for arbitration or trial. Discovery allows each party to learn about the other's case, including what witnesses will be called to testify and what each will say. In addition, each party can be asked what documents or other evidence exists regarding the case. If conducted properly, the Discovery process ensures that there will be no surprises at the arbitration or trial. In Discovery, each party can send written questions to the other side (Interrogatories) and ask that the other party provide copies of relevant documents (Requests for Production). Each party can also interview the other party under oath regarding the subject matter of the case (Deposition). Other witnesses can be subpoenaed for depositions and either party can issue subpoenas for relevant documents from people other than the opposing party.

Summary Judgment Motions
Often, after completion of the Pleadings and Discovery phases, one party will feel such confidence in his or her case as to believe a trial is unnecessary. Instead, that party will ask the judge to decide in his or her favor before trial by filing a Summary Judgment Motion, which explains why he or she feels so strongly about the evidence and is asking for a judgment without a trial. If the judge grants the Motion, judgment is entered and the case is over. If the Motion is denied, the case proceeds to Arbitration or Trial.

Once the Pleadings, Discovery, and Summary Judgment Motion phases are complete, the lawsuit is ready to go to Arbitration or Trial.

Arbitration
In Pennsylvania, if the Plaintiff seeks money damages less than $50,000, the lawsuit proceeds to mandatory arbitration. The procedure involved in an arbitration is similar to that of a trial. However, instead of a judge or jury deciding the case, a panel of three local attorneys makes the ruling. If dissatisfied with the arbitrators' ruling, either party can file an appeal, which results in a brand new trial in front of a judge or jury.

Trial
Both appeals from arbitrations and cases worth more than $50,000 result in Trials. Depending on the preference of the parties, the Trial can take place in front of a judge or jury. Generally, there are six phases of a Jury Trial: (1) jury selection; (2) opening statements; (3) testimony and evidence; (4) closing statements; (5) jury charge; and (6) verdict.

In a Jury Trial, the first phase of the trial begins with jury selection. A pool of (approximately 50) jurors is led into the courtroom and each juror has a number, from one to 50. The attorneys for both parties ask the jurors questions to determine if they know any of the parties, attorneys, or witnesses involved in the case, or if they have had any experiences with or have strong feelings about certain issues which preclude them from being unbiased and impartial. Once the questioning is complete, each attorney can request that certain jurors be stricken from the jury pool "for cause" due to a disclosed bias or prejudice. Each party may then strike a set number of other jurors (usually around four) who they think would likely favor the other side. Once these "peremptory strikes" are complete, the first 12 remaining jurors constitute the jury panel for the trial.

After jury selection, opening statements are presented to the jury. The Plaintiff's opening statement should give the jurors a "roadmap"; of the trial-to describe what the Plaintiff intends to prove and how the attorney will prove it, outlining the facts of the case, and identifying the witnesses and important evidence. Argument is not permitted in the opening statement. The defense can give an opening statement or defer the statement until after Plaintiff presents testimony.

After opening statements, the parties present their testimony and evidence. The Plaintiff goes first by calling witnesses and offering exhibits into evidence. The defense may cross–examine each witness. Next, the defense may call witnesses and introduce evidence to support its defenses. Thereafter, the Plaintiff may present witnesses or evidence in rebuttal to the defense case.

Once all testimony is complete, the attorneys deliver closing arguments. During the closings, the attorneys argue why the facts and applicable law should lead the jury to decide in favor of their respective clients. The Plaintiff goes first. After Plaintiff's closing argument, the defense presents its closing. Finally, after the defense closing, Plaintiff's attorney usually presents a brief rebuttal argument.

After closing arguments, the judge must give the jury charge. In the charge, the judge explains to the jury all of the law applicable to the case so that the jury can reach a proper verdict. The jury verdict itself marks the conclusion of the trial. In the case of a trial in front of a judge only (a bench trial), the procedure is the same except that there is no jury selection or jury charge.

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