Trial

Simply put, a trial is the examination of facts and law presided over by a judge (or magistrate) with authority and jurisdiction over the matter. There two types of trials, the most common known as a "bench tiral" (or tiral heard before a judge) and jusry tirial whereby the evidence is presented to a jury of one'e peers. In every trial, there are many complex elements within the trial process (see below); we highly recommend seeking counsel before taking a case to trial.

Discovery

Discovery is the process by which the litigants (i.e. parties) gain information in trial preperation (as described below).

Depositions

A deposition can be used as a discovery device to gather detail and information pertinent to the case at hand. Anyone can be deposed as long as the party is given notice of the time and place the deposition will occur. A deposition can be recorded by videotape or other means including stenography. The deposition is governed by court rules as to objects and direct and cross examination.

Interrogatories

Interrogatories are written questions that are required to be answered in writing and under oath. Interrogatories are only to be served on a party to the action and must be limited to fifty questions or less, unless more are granted by leave of court. The answers to interrogatories can be used in court according to the rules of evidence.

Admissions

An “admission” is used by attorneys to prove the truth of facts as applied to law in which the party must admit, deny, or provide reason not to pick either. An admission to a fact is determined to be conclusive but only for the matter at hand.

Production of Documents

A party to the action may serve the opposing party with a request to produce certain documents. The documents that are produced can be read, searched through, copied or used in other ways that are relevant to the current litigation. Production of documents may be requested for pictures, permits, designs and samples.

Physical and Mental Examination

Physical and mental examinations can only be used under certain circumstances at the courts discretion. The moving party must show the court “good cause” before the court will allow such examinations. Also, the physical or mental condition must be in controversy, such as with blood grouping in family law cases.

If you would like further information regarding trials or require assistance with an upcoming trial, please contact us today to schedule a consultation with one of our experienced Trial Attorneys.

Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.