All cases filed in court follow a general course in a state court system. The distinction depends on the type of situation that is present and the title of the action taken on the case. However, they usually all go through the same process.
General Process of a State Lawsuit
Preliminary Appearance — In criminal cases, the offender exists in court and encouraged of the charges submitted against them. The court may select an attorney if the defendant can not afford one.
Arraignment — The charges read to the accused. The offender may plead guilty or not guilty.
Pre-trial procedures — celebrations and counsel settle on the proof and witnesses to present. They also agree on the problems to be ruled by the court. Laws appropriate also identified.
Trial — At this phase, the prosecuting lawyer or counsel for the complainant makes an opening statement. The opening statement is an overview of the facts that will present. In turn, the defense lawyer likewise gives an opening statement, or he may save it till later in the trial when it is time for them to provide their case.
It is followed by the presentation of witnesses and documentary evidence, first on the side of the complainant or complainant and when the party rests their case, it is accused’s rely on present review and documentary evidence.
The parties are enabled to cross-examine the witnesses. When all statements and documentary evidence presented, both celebrations provide their closing declarations. The prosecution and offender summarize their proof, highlighting the most significant points to show or refute the evidence.
After the closing declaration, the case sent for choice. The judge advises the jury, describing the laws that apply to the situation. In civil cases, the administering judge was deciding.
Promulgation of the Decision — The court checks out the choice rendered in the case. In criminal cases, the jury provides a composed verdict to the judge, and the clerk of the court reads it. The decision can be an acquittal or a conviction. In civil cases, the judge may give the petition or reject it.
Sentencing — If the decision is a conviction, a sentence is pronounced.
Appeal — if parties are not pleased with the decision of the court, they are permitted appealing to a superior court.