USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
an injunction if the enterprise’s actions have vio- lated the law and the relief is necessary to remedy the situation. 6.7 Consequences of a Respondent’s Non- Compliance If a party fails to comply with the terms of an injunc- tion, there can be significant legal consequences, including the potential to be held in contempt of court. Contempt of court is a legal finding that the non-com- plying party has wilfully and knowingly violated a court order. Civil contempt is intended to compel compli- ance with the court’s order. The court may issue sanctions, fines or other coer- cive measures to ensure the party complies with the injunction. For severe or wilful violations, the court may issue criminal contempt charges. This can result in penalties such as fines, probation, or even incar- ceration. The court may issue further injunctions or remedies to enforce compliance with the original injunction. This can include orders for specific per- formance, additional injunctions, or orders to cease and desist from particular actions. In extreme cases, the court may authorise the seizure of assets to sat- isfy any financial penalties or damages awarded as a result of the non-compliance. Trials in the USA typically involve a combination of oral argument, witness and expert testimony, and written submissions. A trial usually begins with an opening statement by an attorney for each side. Witnesses for the plaintiff then testify, followed by witnesses for the defendant. Witness testimony is a fundamental component of a trial. Witnesses testify under oath and each side has the opportunity to cross-examine the others’ wit- nesses. During witness testimony, documents and other exhibits may be admitted into evidence. Each side usually calls a combination of fact and expert witnesses. 7. Trials and Hearings 7.1 Trial Proceedings
Cases typically involve pre-trial and post-trial hear- ings, which involve many topics, including: • case management issues; • the admissibility of certain exhibits, topics, or wit- ness testimony; • jury instructions; and • the entry of a final judgment. At some point after trial, the judge issues a final judg- ment that states what (if any) relief – such as money damages, a declaration of rights, or an injunction ordering a party to do or refrain from doing some- thing – is granted. 7.2 Case Management Hearings Case management hearings are conducted at the judge’s discretion to ensure that the case proceeds efficiently and that the parties are prepared for trial, as follows. • Discovery – case management hearings can address discovery issues, such as disputes over the production of documents, scheduling deposi- tions, or protective orders. • Scheduling and timetables – the court may set deadlines for filing motions, conducting discovery, and other case-related activities. • Settlement discussions – case management hearings can provide opportunities for parties to discuss settlement and ADR options. 7.3 Jury Trials in Civil Cases Jury trials are available in most civil cases. The Sev- enth Amendment to the US Constitution guarantees the right to a jury trial in civil cases where the value in controversy exceeds USD20. Parties are entitled to a jury trial in a wide range of civil cases, including those involving contracts, personal injury, and employment discrimination. Not all civil claims, however, are eligible for a jury trial. Equitable claims, which seek non-monetary remedies such as injunctions or specific performance, generally must be decided by a judge. Parties may waive their right to a jury trial by mutual consent, written contract, or failing to request a jury trial. In some cases, parties may prefer to have a judge decide the case, especially
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