What to Expect in a Civil Trial in Oklahoma

A Civil Trial in Oklahoma is a legal proceeding used to resolve disputes between individuals, businesses, or government entities. Unlike criminal trials, civil cases do not involve criminal charges but instead seek monetary damages, injunctive relief, or declaratory judgments. Understanding the process of a civil trial can help litigants prepare and navigate the system effectively.

Understanding Civil Trials in Tulsa

A Civil Trial in Oklahoma typically occurs in the District Court where jurisdiction is proper. The district court with proper jurisdiction hears a variety of different civil litigation cases matters, such as:

• Contract disputes (breach of contract, business disputes)
• Personal injury cases (car accidents, premises liability)
• Property disputes (boundary issues, landlord-tenant conflicts)

A civil case begins when a plaintiff (the party bringing the lawsuit) files a petition against a defendant (the party being sued).

Pre-Trial Phase

The plaintiff initiates the lawsuit by filing a petition in District Court outlining the legal claims and the relief sought. The defendant must then be served with a copy of the petition and summons, giving them 20 days to file an answer, either admitting or denying the allegations. The defendant may also file a motion to dismiss or a counterclaim against the plaintiff or any other third party. Once answered the parties to the litigation begin the discovery phase.

Both parties exchange evidence through a process called discovery, which includes:

• Interrogatories (written questions)
• Requests for documents
• Depositions (sworn testimony outside of court)

This phase allows both sides to gather information to strengthen their case and prepare for trial.

There are also several motions or settlement options that may be attempted before the trial, such as:

• Motions for Summary Judgment: Either party may ask the judge to rule on the case before trial if no factual disputes exist.
• Mediation/Settlement Conferences: Courts encourage settlement before trial. Many cases resolve before reaching court. Some cases may involve arbitration clauses if this is part of the original contract setting out how to resolve disputes.

The Civil Trial Process

If the case does not settle, it proceeds to trial. Tulsa County civil trials can either be heard by a judge only (a bench trial) or by a jury (usually 6 for civil cases). When a case goes to court, there are certain steps that will take place:

a. Jury Selection (If Applicable)

If a jury trial is requested, the process begins with voir dire, where attorneys question potential jurors to identify biases.

b. Opening Statements

The plaintiff’s attorney presents their case first, outlining the legal arguments and key evidence. The defendant’s attorney then gives their own statement, highlighting the defense’s perspective.

c. Presentation of Evidence

Each side presents:

• Witness testimony (expert witnesses, eyewitnesses, parties involved)
• Physical evidence (documents, photos, videos)
• Cross-examinations (questioning the other party’s witnesses)

The burden of proof is on the plaintiff, who must prove their case by a preponderance of the evidence, which means the allegations were more likely to have happened than not.

d. Closing Arguments

Attorneys summarize their cases, emphasizing the most persuasive evidence and legal arguments. Afterwards, if there is a jury, the judge provides instructions on applicable laws, and jurors deliberate in private.

If the trial was a jury trial, they will return with a verdict, with civil cases requiring a majority vote. In a bench trial, the judge will issue a written ruling. In either, if the plaintiff wins, the jury or judge will determine the amount of damages or other relief granted.

Post-Trial Actions

After the trial, there are still a few things that can happen. The losing party can appeal to the Oklahoma Court of Civil Appeals or the Oklahoma Supreme Court if they believe a legal error affected the trial outcome.

If the plaintiff wins, they may need to enforce the judgment through wage garnishments, property liens, or other collection methods. Parties can also file motions for a new trial or motions to modify the judgment if errors occurred.

Tulsa Civil Litigation and Business Lawyers

A Civil Trial in Oklahoma involves multiple stages, from pre-trial discovery to jury verdicts or judicial rulings. Understanding the process and legal strategies involved can help plaintiffs and defendants navigate their cases more effectively. If you are part of a civil lawsuit, contact the Tulsa civil and business lawyers at Kania Law Office by calling us at (918)–743-2233 or online.