Michigan

The Michigan Litigation Process - Trial

This is the fifth post in a series of posts on the Michigan litigation process.

If a judge does not grant a party summary disposition, and the parties do not settle, the case proceeds to trial.

A trial starts with each party giving its opening statements. After opening statements, the parties present their respective cases to the trier of fact. The trier of fact decides which party's evidence is more believable. In a "bench" trial, the trier of fact is the judge. In a jury trial, the trier of fact is the jury. In civil cases, a party must demand a jury trial at the beginning of the case, or it will automatically be conducted as a bench trial.

While presenting their respective cases, each party tries to have evidence favorable to their case admitted to the trial record, so that it can be considered by the trier of fact. A party may object to the admission of the other party's evidence if he or she believes that the evidence should not be admitted. Whether evidence is admitted to the record is governed by the Michigan Rules of Evidence, as interpreted by the judge presiding over the trial.

Once evidence has been presented by both sides, the parties make their closing arguments to the trier of fact. In many cases, one or both of the parties will ask the court for a "directed verdict" on the theory that the other side failed to prove the basic requirements of their case. If the court does not grant a directed verdict, the trier of fact will decide who wins the case.

Once the trier of fact renders a decision, it is memorialized in a judgment, which is entered by the court. At that point, the losing party can appeal the judgment. If the judgment is not appealed (or the appeal is unsuccessful), the winning party can enforce the judgment through a number of post-judgment proceedings.

Trials can be time consuming and financially costly. It is of the utmost importance for any party whose case is going to trial to be represented by an able and competent attorney in order to maximize their chances for success.

Full post as published by Michigan Business Lawyer Blog on February 27, 2008 (boomark / email).