Discovery

1. Voir Dire Complaint Verdict Jury Deliberation Discovery Witness Testimony Opening Statements Closing Statements

2. Complaint Discovery Voir Dire Opening Statements Witness Testimony Closing Statements Jury Deliberation Verdict

3. Civil Procedure Essential Questions: What is the purpose of a complaint? How does the discovery process help both sides prepare for trial? How is a jury selected for trial? How does a case proceed at trial?

4. The Complaint • A complaint is filed by the plaintiff’s attorney who may take the case on a contingency fee basis (in personal injury cases for example)

5. The Complaint • A complaint is filed by the plaintiff’s attorney who may take the case on a contingency fee basis (in personal injury cases for example) • A complaint describes: • The injury received at the hands of the defendant • The negligence (or intentional acts) of the defendant that led to the injury • The remedy sought from the court (often general damages, sometimes punitive damages)

6. The Complaint • A complaint is filed by the plaintiff’s attorney who may take the case on a contingency fee basis (in personal injury cases for example) • A complaint describes: • The injury received at the hands of the defendant • The negligence (or intentional acts) of the defendant that led to the injury • The remedy sought from the court (often general damages, sometimes punitive damages) • The complaint is filed at the prothonotary’s office at the courthouse • The defendant is served with a copy of the complaint and a summons directing the defendant to submit an answer

7. The Complaint • A complaint is filed by the plaintiff’s attorney who may take the case on a contingency fee basis (in personal injury cases for example) • A complaint describes: • The injury received at the hands of the defendant • The negligence (or intentional acts) of the defendant that led to the injury • The remedy sought from the court (often general damages, sometimes punitive damages) • The complaint is filed at the prothonotary’s office at the courthouse • The defendant is served with a copy of the complaint and a summons directing the defendant to submit an answer • Failure to answer the complaint may result in a default judgment in favor of the plaintiff Sample Complaint and Answer Video Clip

8. Discovery • Discovery is a pretrial procedure in which parties to a lawsuit ask for and receive evidence from the opposition (testimony, pictures, video, medical records, etc.)

9. Discovery • Discovery is a pretrial procedure in which parties to a lawsuit ask for and receive evidence from the opposition (testimony, pictures, video, medical records, etc.) • Purpose: • Allows each side to prepare for cross-examination of witnesses and to be able to refute the evidence against them • Expedites the trial process and could lead to a settlement

10. Discovery • Discovery is a pretrial procedure in which parties to a lawsuit ask for and receive evidence from the opposition (testimony, pictures, video, medical records, etc.) • Purpose: • Allows each side to prepare for cross-examination of witnesses and to be able to refute the evidence against them • Expedites the trial process and could lead to a settlement • Witness testimony (eye witnesses & expert witnesses) can be discovered by: • Deposition: witnesses questioned under oath, testimony is recorded, attorneys for all parties are present • Interrogatory: written questions sent to witnesses, written responses

11. Discovery • Discovery is a pretrial procedure in which parties to a lawsuit ask for and receive evidence from the opposition (testimony, pictures, video, medical records, etc.) • Purpose: • Allows each side to prepare for cross-examination of witnesses and to be able to refute the evidence against them • Expedites the trial process and could lead to a settlement • Witness testimony (eye witnesses & expert witnesses) can be discovered by: • Deposition: witnesses questioned under oath, testimony is recorded, attorneys for all parties are present • Interrogatory: written questions sent to witnesses, written responses • Uncooperative witnesses may be ordered to testify (subpoena ad testificandum), and physical evidence may also be compelled via a subpoena duces tecum Sample Interrogatory Sample Request for Production of Documents

12. Pretrial Motions • Request a summary judgment (a judgment in favor of one party w/out trial) • Request a continuance (a delay) • Request a change of venue (a change in the location of the trial) • To disqualify an expert witness • To compel discovery

13. Jury Selection • If all parties agree to have a bench trial a jury is unnecessary

14. Jury Selection • If all parties agree to have a bench trial a jury is unnecessary • Members of the community receive a summons via mail to report for jury duty (juries are often picked the day before the trial is to begin)

18. Jury Selection • If all parties agree to have a bench trial a jury is unnecessary • Members of the community receive a summons via mail to report for jury duty (juries are often picked the day before the trial is to begin) • Process: • A venire (large pool of prospective jurors) is seated in the courtroom → • During voir dire each attorney asks questions designed to expose potential bias → • Jurors may be challenged for caused by an attorney and dismissed from the venire by the judge → • A lottery style process randomly selects 22 jurors from those remaining (in PA) → • Each side eliminates 4 jurors via peremptory challenges (in PA civil cases) → • Twelve jurors + 2 alternates remain and are impaneled (sworn-in) →

19. Jury Selection in PA Civil Cases http://www.pacode.com/secure/data/231/chapter200/chap200toc.html Rule # 220.1 & 221 Jury Selection in Federal Civil Cases http://www.law.cornell.edu/rules/frcp/#chapter_vi Rule # 47

20. Arguments & Evidence • Opening Statements: Plaintiff addresses the jury first, objective is to outline what he/she intends to prove and how he/she intends to prove it • “You will hear…” • “You will see…”

21. Arguments & Evidence • Opening Statements: Plaintiff addresses the jury first, objective is to outline what he/she intends to prove and how he/she intends to prove it • “You will hear…” • “You will see…” • The plaintiff calls witnesses and introduces physical evidence → the defense calls witnesses and introduces physical evidence. • Each witness is subjected to: direct examination→ cross-examination → redirect examination → recross-examination

22. Joe Smith, the plaintiff, has been injured and is suing Direct Examination of Joe Smith by his attorney: Q: Can you explain the type of pain you have been experiencing since the car accident? A: Witness describes pain in back and neck

23. Joe Smith, the plaintiff, has been injured and is suing Direct Examination of Joe Smith by his attorney: Q: Can you explain the type of pain you have been experiencing since the car accident? A: Witness describes pain in back and neck Cross Examination of Joe Smith by the defense attorney: Q: Isn’t it true that you once had an accident at work that caused you to seek medical treatment for a back injury? A: Yes

24. Joe Smith, the plaintiff, has been injured and is suing Direct Examination of Joe Smith by his attorney: Q: Can you explain the type of pain you have been experiencing since the car accident? A: Witness describes pain in back and neck Cross Examination of Joe Smith by the defense attorney: Q: Isn’t it true that you once had an accident at work that caused you to seek medical treatment for a back injury? A: Yes Redirect Examination of Joe Smith by his attorney: Q: Isn’t it true that the injury the defense is referring to happened 10 years prior to the car accident that you are suing for today? A: Yes Q: In the years since that on-the-job accident, had you fully recovered? A: Yes, I had been pain-free for several years

25. Joe Smith, the plaintiff, has been injured and is suing Direct Examination of Joe Smith by his attorney: Q: Can you explain the type of pain you have been experiencing since the car accident? A: Witness describes pain in back and neck Cross Examination of Joe Smith by the defense attorney: Q: Isn’t it true that you once had an accident at work that caused you to seek medical treatment for a back injury? A: Yes Redirect Examination of Joe Smith by his attorney: Q: Isn’t it true that the injury the defense is referring to happened 10 years prior to the car accident that you are suing for today? A: Yes Q: In the years since that on-the-job accident, had you fully recovered? A: Yes, I had been pain-free for several years Re-cross Examination of Joe Smith by the defense attorney: Q: Were you still seeing a chiropractor at the time of the car accident? A: Yes Q: Why?

26. Bill Jones, the defendant, is on trial for burglary Direct Examination of Officer Smith by the prosecutor: Q: Can you explain what you saw inside of the restaurant? A: Officer Smith describes the scene (including a cash register that has been pried open) Cross Examination of Officer Smith by the defense attorney: Q: Did you find any fingerprints on the cash register? A: No Q: Did you find any fingerprints at the scene? A: No Q: Did you attempt to find fingerprints? A: No Redirect Examination of Officer Smith by the prosecutor: Q: Why didn’t you dust for fingerprints? A: Because it is a public restaurant where we would probably find the fingerprints of dozens of different people Re-cross Examination of Officer Smith by the defense attorney: Q: Isn’t it true that only a few employees and the burglar would have touched the cash register? A: Yes

27. Arguments & Evidence • Opening Statements: Plaintiff addresses the jury first, objective is to outline what he/she intends to prove and how he/she intends to prove it • “You will hear…” • “You will see…” • The plaintiff calls witnesses and introduces physical evidence → the defense calls witnesses and introduces physical evidence. • Each witness is subjected to: direct examination→ cross-examination → redirect examination → recross-examination • Hearsay is rarely permitted as evidence • Leading questions are not permitted during direct examination

28. Arguments & Evidence • Opening Statements: Plaintiff addresses the jury first, objective is to outline what he/she intends to prove and how he/she intends to prove it • “You will hear…” • “You will see…” • The plaintiff calls witnesses and introduces physical evidence → the defense calls witnesses and introduces physical evidence. • Each witness is subjected to: direct examination→ cross-examination → redirect examination → recross-examination • Hearsay is rarely permitted as evidence • Leading questions are not permitted during direct examination • Closing Statements (AKA Final Summation): In PA defense closes first, objective is to summarize your case and remind jurors of the important evidence presented

29. Final Actions • In a civil case, either side may request a directed verdict (this is rarely granted) • The judge in his charge to the jury will: • Describe the law as it applies to the case • Explain the burden of proof (preponderance of the evidence) and what it means

30. Jury Deliberation & Verdict • During deliberation a jury foreperson is selected to moderate the debate • In PA civil cases 10 of 12 (or 5 of 6) jurors must agree to render a verdict • In federal civil cases the jurors must be unanimous to render a verdict • The jury may render a general verdict or a special issues verdict in cases of comparative negligence

32. Verdict Slip (page 1) Verdict Slip (page 2)

33. Verdict Slip (page 3) 42 Pa.C.S.A. § 7102§ 7102. Comparative negligence (a) General rule.--In all actions brought to recover damages for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of contributory negligence shall not bar a recovery by the plaintiff or his legal representative where such negligence was not greater than the causal negligence of the defendant or defendants against whom recovery is sought, but any damages sustained by the plaintiff shall be diminished in proportion to the amount of negligence attributed to the plaintiff.

34. Enforcement of the Judgment • If the defendant refuses to pay the money awarded, the court can order: • A writ of execution (commonly known as a sheriff sale) • Garnishment of the losing party’s wages