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American Judicial Procedure

American Judicial Procedure. Judge Tom C. Rawlings Judge, Juvenile Courts Middle Judicial Circuit Sandersville, GA USA tom@sandersville.net www.tomrawlings.com. State Case Filings. Over 90 million cases filed 2002 57.6% Traffic 16.3% Civil 15.4% Criminal 6.6% Juvenile & Domestic

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American Judicial Procedure

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  1. American Judicial Procedure Judge Tom C. Rawlings Judge, Juvenile Courts Middle Judicial Circuit Sandersville, GA USA tom@sandersville.net www.tomrawlings.com

  2. State Case Filings • Over 90 million cases filed 2002 • 57.6% Traffic • 16.3% Civil • 15.4% Criminal • 6.6% Juvenile & Domestic • 76% of Civil Trials Are Bench Trials • 68% of Criminal Trials are Jury Trials • 75% of Civil Cases Settle Before Trial • Over 75% of Criminal Defendants Plead Guilty

  3. Civil Litigation Process Discovery Action Filed Motion to Dismiss Appeal Trial Motion for Summary Judgment

  4. Criminal (Felony) Litigation Process Charge Filed Presented to Grand Jury Arraignment & Discovery Appeal Trial Pre-Trial Motions

  5. Civil Discovery • Interrogatories – Written Questions • Requests to Produce Documents • Depositions – Examination Under Oath • Requests for Admission • Originally intended to reduce burden on courts and “trial by ambush” • Used in about half of civil cases

  6. Criminal Discovery • Defendants Constitutionally Entitled to Limited Discovery • More Recent Statutes Also Provide For Discovery of • Defendants’ Statements • Exchange of Witness Lists • Exchange of Items to Be Used at Trial • In Practice, Prosecutors and Defense Attorneys Discuss Evidence in Detail for Plea-Bargaining Purposes

  7. Motion for Summary Judgment • Tests the Sufficiency of the Plaintiff’s Case in a Civil Case • Show there is “no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” • Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991)

  8. Trial: Selecting a Jury • Court Schedules All Possible Jury Trials for a Certain Week • Clerk Summons possibly 100 or more citizens to serve as potential jurors • Around 48 will be called to be examined for use in each trial • Judge and Attorneys Question Jurors for Possible Bias or Prejudice • Jurors should have no opinion about the case

  9. Trial: Selecting a Jury • Once a “Pool” of unbiased persons is available, attorneys ask further questions to gauge “hidden” biases. • Voir Dire • Attorneys then use “peremptory strikes” to “strike” a jury – usually 12 plus two alternates • Peremptory strikes cannot be used to discriminate on the basis of race or gender • Resulting Jury takes oath to try the case fairly

  10. Trial: Procedure • Opening Statements • Presentation of Plaintiff’s (or State’s) Case • Motion for Directed Verdict • Presentation of Defendant’s Case • Closing Arguments • Jury Charged on Law • Jury Deliberates and Returns Verdict

  11. www.tomrawlings.comtom@sandersville.net Cellular: 0724479412

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