which lawyer decides time requested for trial?

How does the trial process work in a criminal case?

Should a defendant agree to a slower trial?

How does a lawyer make a decision for a defendant?

I’m Steve Kramer. I’m a Florida lawyer, and today’s topic is who decides whether to settle or to go to trial in your case. This is a question that a lot of people are going to have to deal with because one way or another, your case is going to get resolved. Once you filed suit, whether it’s a divorce, a personal injury case, you know, a foreclosure – whatever it is, you know – you have to make a …

Will the defendant testify in a civil trial?

Who determines if a case should be taken to trial?

How long does it take to prepare for a trial?

What is a good reason to ask for a continuance?

What is the role of the prosecutor during trial?

What are the 7 steps of a trial?

Why does it take so long to go to trial?

How long can a case be pending?

Can you reschedule a court date if you miss it?

What is the primary purpose of a motion to determine the present sanity of an accused?

Who is more powerful judge or prosecutor?

What are the 14 steps of a trial?

What does a judge do during a trial?

What are tactical decisions?

Tactical or strategic decisions may involve the following: 1 the choice of motions; 2 the scope of discovery; 3 which witnesses to call; 4 the substance of the direct and cross-examination.

What is scope of representation?

From the outset of the case, the lawyer and client should determine the “scope” of the representation. They will set forth the goals of the representation. Some goals are short-term, such as closing on a piece of property, and sometimes they are long-term, as in providing ongoing advice for a corporation.

Do civil cases go through the trial process?

Realistically, only a small percentage of federal cases, criminal or civil, actually go through the entire trial process. Because trials are risky, many parties look to settle their differences during the “pretrial” phase of the process.

How do you prepare for trial?

To prepare for trial, both sides will conduct discovery . During discovery, both parties gather all the information and evidence they will present in court. Both sides can take depositions of witnesses. Either side can request documents and statements from the other side when building their case.

What is the pretrial phase of a federal case?

Pretrial. Most of the progress of a federal case happens in what is called the pretrial phase, and will include actions that must occur before the start of the trial. Strict rules and policies dictate what happens at the pretrial stage of both types of cases. This is to be sure both sides are treated fairly and are afforded their rights equally.

What is the pretrial phase?

Pretrial. Most of the progress of a federal case happens in what is called the pretrial phase, and will include actions that must occur before the start of the trial. Strict rules and policies dictate what happens at the pretrial stage of both types of cases. This is to be sure both sides are treated fairly and are afforded their rights equally. ...

What is a case management order?

The judge issues a case management order, setting all dates and deadlines needed to manage the case. The judge may refer the parties to alternative dispute resolution / mediation, where the parties may reach a settlement without the need for a trial. If settlement cannot be reached, the case moves toward trial.

What is alternative dispute resolution?

The judge may refer the parties to alternative dispute resolution / mediation, where the parties may reach a settlement without the need for a trial. If settlement cannot be reached, the case moves toward trial. To prepare for trial, both sides will conduct discovery .

What is it called when a defendant pleads not guilty?

The defendant appears before a magistrate judge to be formally advised of the charges, and to enter not guilty plea – this is called an arraignment . If plea is later changed to guilty, a hearing is scheduled before the District Judge for the defendant to enter the guilty plea .

What is the opening statement of a trial?

1. Opening Statements. Every trial proceeds in basically the same way. Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney . In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, ...

What is a witness in a trial?

A witness is someone who has personal knowledge of a situation that may be helpful to the jury in deciding the outcome of the case. This personal knowledge is shared with the judge and jury through a series of questions between the witness and the plaintiff’s attorney or prosecutor. This is called direct examination.

What is the difference between a civil and criminal trial?

In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney . In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, need to be present.

Who bears the burden of proof in a civil case?

They are just statements, however, and cannot be considered as evidence by the jury. The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case.

What is the purpose of evidence in a case?

Evidence. Objections. Evidence is used by the parties to prove or disprove unresolved issues in the case. There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.

What is the most common type of evidence?

Actually, the most common type of evidence is provided by witness testimony . Often witness testimony may be the only evidence presented. It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.

What is an eyewitness testimony?

Eyewitness testimony – The testimony of someone who observed the actual event taking place. Witness testimony – Testimony of a person who has personal knowledge of relevant information. Because this witness is not an eyewitness, inferences will need to be made by the jury or judge based on the testimony.

Do lawyers lie?

Litigation attorneys are master lie detectors. So if you're not telling them everything, or if you're lying about something, there's a good chance they'll know. Why does this matter? Because if they don't see you as credible, a judge or jury probably won't either. Your attorney also needs to trust you, as they will be making sworn statements to the court based on what you say. If they're constantly wondering if you're lying, they won't be able to represent you effectively.

What happens if you sue after the deadline?

Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

Is it too late to sue?

It's Too Late to Sue. All personal injury cases are subject to lawsuit-filing deadlines set by the statute of limitations. Subject to a few exceptions, if you try to sue after the statutory deadline has passed, your case will get thrown out, and the attorney might face sanctions from the court.

How to position your case for success?

Build Your Case. You can position your case for success by having a complete picture of the nature and extent of your injuries —an official diagnosis from your doctor, for example. In a car accident case, getting a copy of the police report can be a big help.

Why do you need a copy of a police report?

In a car accident case, getting a copy of the police report can be a big help. It also helps to organize and gather any potential evidence, like your medical records, contact information of potential witnesses, and a timeline of notable events.

What are the different types of personal injury?

Personal injury is just one area of practice in the legal profession, and there are subsets, including: 1 medical malpractice 2 product liability 3 industrial accidents, and 4 toxic torts.