Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Beginning of a Civil Case._--A civil suit is usually started by the
filing of a complaint containing a statement of the facts, with the
court, which then issues a summons directing the sheriff or constable to
notify the defendant to appear and make answer. If the plaintiff is a
creditor and has reason to believe that the defendant is preparing to
dispose of his property with the intention of defrauding him, he may ask
the court to issue a _writ of attachment_ authorizing the sheriff to
take possession of the property. Or if the defendant is in wrongful
possession of property belonging to the plaintiff the latter may ask the
court to issue a _writ of replevin_ requiring the officers to seize the
property and turn it over to the plaintiff. In both cases, however, the
plaintiff is required to give a bond for the costs of the suit and for
the return of the property in case the court should decide that it does
not properly belong to him. The defendant now makes an answer or plea in
which he denies the charges of the plaintiff as a whole or in part, or
admits their truth but denies the right of action, or maintains that the
court has no jurisdiction, or pleads something else in bar of the
action. The complaint of the plaintiff and the answer of the defendant
are known as the _pleadings_.
_The Trial._--The issue is now joined and the case is ready for trial.
If it is a suit in equity, it is tried by the judge alone without a
jury. If it is a suit at law, either party may demand a jury, but if
both parties agree to waive a jury trial, the case is tried by the judge
alone. Frequently civil cases are tried without juries, the parties
preferring to leave the decision to the judge. If, however, a jury trial
is preferred, a list of qualified persons is prepared and from this list
twelve persons, or six, as the parties may agree upon, are selected to
try the case. After the jury is sworn the attorney for the plaintiff
generally makes a statement of the facts upon which he rests his case.
He then calls his witnesses, who testify to their knowledge of the facts
as they are questioned by counsel. When the attorney for the plaintiff
has completed the examination of each witness, the attorney for the
defendant is allowed to cross-examine him. Witnesses are required to
confine their testimony to what they know to be the truth, and are not
permitted to tell what they believe to be true or what they have learned
from mere hearsay.
Public-domain text, read in full here on John Shaqi.
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