USA Law and Practice Contributed by: Courtney Scobie, Jack Edwards and Andrea Whitley, Ajamie LLP
At some point after trial, the judge issues a final judgment 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 something – 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 pre- pared for trial, as follows. • Discovery – case management hearings can address discovery issues, such as disputes over the production of documents, schedul- ing depositions, 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 Seventh Amendment to the US Constitu- tion 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 involv- ing 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 perfor- mance, generally must be decided by a judge. Parties may waive their right to a jury trial by mutual consent, by written contract, or by fail- ing to request a jury. In some cases, parties may prefer to have a judge decide the case, espe-
cially if it involves complex legal issues or if a jury trial would be less practical. 7.4 Rules That Govern Admission of Evidence The admission of evidence at trial in the federal legal system is governed by the Federal Rules of Evidence. These rules play a crucial role in ensuring that evidence presented at trial is rel- evant, reliable, and consistent with principles of fairness and justice. 7.5 Expert Testimony Please see 7.4 Rules That Govern Admission of Evidence . The Federal Rules of Evidence aim to ensure that evidence presented at trial is relevant and reliable. 7.6 Extent to Which Hearings Are Open to the Public Court proceedings, including hearings and tri- als, are generally open to the public to ensure transparency and accountability in the judicial process. The principle of open courts is a funda- mental aspect of the US legal system. Although the default is openness, there are cir- cumstances where court proceedings may be closed or sealed. Common exceptions include cases involving sensitive or classified infor- mation, minors, trade secrets, or confidential informants. Courts may also close certain pro- ceedings to protect the privacy or safety of wit- nesses or victims. Some federal courts, particularly appellate courts, provide live broadcasting or streaming of oral arguments and hearings on their websites. Federal trial courts generally do not video broad- cast their proceedings but sometimes provide a telephone dial-in number to allow interested per- sons to listen in or participate in a hearing or trial.
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