An expedited trial is a streamlined judicial proceeding that may be used in certain personal injury cases. These trials are usually heard by a relatively smaller jury.
They are also often completed within one day. These types of trials are also referred to as expedited jury trials or EJTs.
The goal of EJTs is to resolve a legal issue in a way that is efficient and speedy, which saves time and resources for the parties involved as well as the court system. These types of trials are not available in every state. They are, however, popular in certain states, such as California.
If a party wants to expedite their case, they can file a motion to expedite the trial. Typically, this motion has to demonstrate the harm that would result if the proceedings were not expedited.
What Happens at an Expedited Hearing?
An expedited hearing is a request for a party’s issue to be heard before a different hearing or deadline in the case. These requests may be made to address certain issues that may arise in a time-sensitive case.
Examples of situations in which an expedited hearing may be requested include:
- Obtaining a continuance of an upcoming hearing if the other side will not consent;
- Challenging the other party’s pleading or motion on a jurisdictional basis if that party has scheduled a motion for temporary relief;
- Obtaining necessary information before a trial or in response to the other side’s motion for temporary relief.
What Are Some Characteristics of an Expedited Trial?
The requirements and properties of expedited trials may vary by jurisdiction. However, the majority of expedited trials include the following:
- Both parties must usually agree to such a proceeding;
- Appeals and motions are limited;
- Each party has a limited time for the presentation of arguments and presentation of evidence for proving liability;
- The jury has a limited time to reach a verdict;
- The parties have the flexibility to enter into agreements covering issues such as:
- The rules of procedure;
- Presentation of evidence;
- Damages.
In order for an actual trial to be streamlined and expedited, the parties may be required to work out various issues and terms before the trial begins. It also means that the parties will have to engage in negotiating and bargaining, which may require legal assistance to complete.
When Are Expedited Trials Appropriate?
An expedited trial is not appropriate for all types of cases. They often work well in a personal injury case when there is no real issue with proving liability For example, in a car accident case where the only issue in dispute is the amount of damages.
In addition, the parties and their attorneys have to be willing to work together in a cooperative manner in order to reach the necessary agreements that will expedite the case. In the majority of situations, it is not necessary to determine exact damages figures before the trial.
Instead, the parties may only have to set a maximum and minimum range for the damages.
What Is a Trial Attorney?
Trial attorneys, also referred to as litigation attorneys, are attorneys who specialize in practicing law in trial court. Trial attorneys represent clients in civil cases.
Parties in civil cases are referred to as plaintiffs and defendants. Plaintiffs are the parties who bring the lawsuit.
Defendants are the parties against whom lawsuits are brought. Civil cases are different from criminal cases because criminal cases are brought by either the federal or state government against an individual, called a defendant.
Trial attorneys are retained for the specific purpose of suing other parties in civil courts. Civil lawsuits usually result in one of the parties being awarded damages.
Although these two categories of law are different, they are not necessarily exclusive. It may be possible to be sued as well as fined in a civil proceeding and be sentenced in a criminal case afterward.
What Types of Tasks and Services Do Trial Attorneys Perform?
Trial attorneys perform many different tasks and provide many different services, including, but not limited to:
- Meeting with and advising potential clients about their legal options prior to filing their lawsuit;
- Obtaining documents and other items or types of evidence that may be used as evidence during the lawsuit;
- This process is referred to as discovery;
- Performing legal research prior to the trial;
- Filing various pre-trial motions;
- Interviewing the client in addition to witnesses and other important individuals in order to build the case;
- Handling all of the correspondence with the other party’s lawyer or lawyers as well as with the court;
- Engaging in settlement negotiations; and
- Presenting the case before a judge or jury in court.
A civil trial attorney may also be required to:
- Hire expert witnesses;
- Argue for various legal remedies;
- Handle post-trial issues, which may include an appeal.
Trial attorneys must also be familiar with the local procedural laws governing trials. Trial attorneys are required to have knowledge of the various laws that may be applied in certain lawsuits.
Trial attorneys practice law in almost any field in which individuals interact and conduct business, for example:
How Do You Know if You Need a Trial Attorney for Your Legal Issue?
An individual can sue or be sued under nearly any non-criminal theory of law. If an individual believes they have been injured or wronged, financially or otherwise, they should consult with a skilled and knowledgeable trial attorney.
If another individual or business has filed a lawsuit against something, they should consult with an attorney immediately in order to determine the best course of action. Any delays in an individual’s response may result in severe consequences for an individual’s defense.
A trial lawyer will review the specifics of an individual’s case and will be able to create a legal action plan to move forward. A trial lawyer will also be familiar with the local court system and the best way to proceed with the case.
Litigation may be lengthy and complex and usually requires representation. A trial attorney will provide an individual with representation throughout the duration of the case and ensure that the individual does not miss any important deadlines related to their case.
It is important to be aware that many companies and businesses will have lawyers on their staff specifically for the purpose of defending them against lawsuits. If a case requires that an individual sue a large company, it is important for that individual to have a trial lawyer.
Do I Need a Lawyer for Help With an Expedited Trial?
Although an expedited trial may be shorter than a regular trial, it still requires a great deal of preparation and knowledge of the procedural laws in the state. If you are interested in or need assistance with an expedited trial, it is important to consult with a lawyer.
Your attorney can help with the preparations before trial as well as assist with negotiations and agreements. Your lawyer will also be aware of the requirements for expedited trials and the proper way to request one in your jurisdiction.
Your attorney will be present during the trial process to represent you in court.
