Selecting and Instructing the Jury

In this series, we have looked more closely at the legal process during a personal injury lawsuit, from the filing of the original complaint through the gathering of evidence, from the pre-trial rulings on admissibility of evidence to the process for dismissing certain claims. In this last installment, we look at two of the key components of the trial—the selection of jurors, and how the jurors apply the facts to the law to render a verdict.

Voir Dire—The Selection of Jurors

Once all pre-trial motions have been heard and resolved, and the case is set for trial, the first task is to choose those individuals who will serve on the jury. The legal term for this is “voir dire.” Though the process can vary in minor details from court to court, the process typically goes like this:

• Individuals (usually registered voters or persons with drivers licenses) are notified by mail that they have been selected for potential jury duty, and are told to appear at the court on the day the trial starts
• In some courts, those individuals are asked to complete a questionnaire, which may be used for purposes of screening
• Groups of potential jurors are called into the courtroom, where they may be asked questions by attorneys for either party or by the judge
• Either side may challenge a potential juror for cause, should the juror indicate that he or she cannot be impartial. Most courts allow for an unlimited number of challenges for cause.
• Either side may exercise a certain number of “peremptory” challenges, where cause does not need to be stated
• The judge will rule on whether any challenges will be granted

Instructing the Jury about the Law

In the American legal system, the judge is the arbiter of law and the jury is the finder of fact. The principal task of the jury is to determine which version of the facts meets the burden of proof. However, once that determination has been made, the jury must apply the finding of fact to the law and render a decision.

Because the jury cannot be expected to know the rules of law, they must be guided, so that they can make the proper decision. If the trial goes to the jury, the judge will typically instruct attorneys for both parties to prepare proposed instructions of law. The judge may hear oral arguments regarding those instructions, and will have final authority over the precise language that goes to the jury.

Customarily, those instructions are provided to the jury in an “if-then” format—”If you find the facts to be X, you must apply the law as follows and must make the following ruling.”

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

The Details that Need to Be Addressed before Trial

In the earlier blogs in this series, we looked first at the details of how a lawsuit originates, and then at the discovery process, where the parties gather, evaluate and protect evidence to support their claims. We’re not quite ready to go to trial, though—there are other things that need to be done first.

Dispositive and Evidentiary Motions

Because dockets are always full and courts don’t want to waste trial time on unnecessary matters, it’s common practice in the American civil justice system to resolve as much as possible before bringing in a jury.

Dispositive Motions

As we indicated in an earlier blog, our civil justice system adheres to the concept of “open discovery,” where all parties have equal access to all evidence relevant to the case. Accordingly, once discovery is complete, one or more parties may allege that the other party has not produced sufficient evidence for the matter to go forward. That can take a few different forms:

• Motion to dismiss—Typically filed by a defendant, this request to the court contends that the party seeking redress has not produced evidence of even a “colorable” claim and asks that the court throw out the entire lawsuit
• Motion for summary judgment—This motion is commonly filed by the party seeking compensation, alleging that the other party has not provided evidence of an acceptable defense. It typically asks for damages
• Partial motion for summary judgment or to dismiss—This motion seeks to limit the scope of a potential trial by ruling in advance on certain claims or by dismissing them

Evidentiary Motions

The rules governing admissibility or exclusion of evidence at trial are somewhat different that those applied during the discovery process. For example, a witness at a deposition may provide testimony that would be excluded at trial, but can be beneficial for obtaining other admissible evidence. Because the court does not want the jury exposed to inadmissible evidence, it’s common to ask the court to rule in advance of trial whether certain types of evidence may be introduced. If they are prohibited and a party introduces them anyway, there can be sanctions, including contempt proceedings and the potential for a mistrial.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

The Discovery Process

You’ve been hurt in an accident because of someone else’s carelessness or negligence. You’ve hired an experienced attorney, who has filed a personal injury complaint on your behalf, and the defendant has replied, denying the allegations. What happens next?

The Discovery Process

Typically, once the parties have timely filed a complaint and an answer, the judge assigned to the case will call a first meeting, with a few specific objectives:

• To learn a bit more about the details of the case
• To encourage the parties to find a way to settle the dispute without the need for a trial
• The identification of a timetable for the completion of discovery

What Is Discovery in the Legal Process?

Discovery refers to the gathering of evidence by the parties. In the American system of justice, the concept of “open discovery” generally applies. That means that both parties have a right to access to all evidence obtained. The parties may not refuse to disclose evidence or the names of potential witnesses.

Discovery takes a variety of forms:

• Depositions—A deposition is a scheduled questioning of a particular witness. The deposition may take place anywhere, but is usually conducted at an attorney’s office. Lawyers for all parties have a right to be at the deposition and to ask questions. The person being questioned is under oath and all questions and responses are typically recorded by a court reporter.
• Interrogatories—These are written questions submitted by one party to the other. The interrogatories must be answered in writing. It’s fairly common for the court to place some limitations on interrogatories, so that parties don’t use them to force opponents to spend unnecessary time and money answering them.
• Requests for production—A party may ask opposing counsel to produce records, documents, physical evidence or other items that are relevant to the determination of liability.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.

What Can I Expect Immediately After Filing a Personal Injury Claim?

In New Jersey, when you’re hurt because of the wrongful conduct of another person, you have a right to seek compensation for your losses in a court of law. What does the process look like? How do you get from the act of contacting an attorney to securing full and fair compensation for your injuries? In this series, we walk you through the key components of the process. In this first blog, we look at what happens immediately after you retain an attorney.

A Complaint Is Filed

The legal process begins when you file a document called a complaint. The complaint may be filed in state or federal court, based on the circumstances of your case. In the complaint, your attorney will set forth the basic facts that support your legal claims:

• The parties—parties—Who seeks compensation for losses and who is believed to have caused those losses
• The facts of the case—What happened to bring about the legal claim
• What you are seeking from the at-fault party—party—The losses you sustained and want the defendant to pay

The complaint must be filed within a certain period of time after the accident that caused your injuries (or after discovery of the injuries, if they weren’t apparent at the time of the accident). This period is known as the statute of limitations. Your attorney will confirm when your complaint must be filed.

The complaint must also be delivered to the at-fault party (the legal term is “served” on the defendant).

An Answer Is Filed

Once the defendant is served, they have a limited amount of time, specified by the court rules, to respond to the allegations in the complaint. This must be done in writing in a document known as an “answer” to the complaint. If the defendant does not file the answer within the specified period, the injured party may ask the court for “default judgment.” The defendant may be able to get a default judgment thrown out but only in very limited circumstances.

Contact the Cintron Firm

At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or (201) 535-0323 to set up an appointment.