What is the first step in a court case?

Asked by: Cleve Rice Jr.  |  Last update: November 29, 2025
Score: 4.3/5 (13 votes)

Every case starts with someone filing papers with a court. The person starting the case is called the plaintiff or petitioner. The person filing the pleading asks the other side to submit an answer. The other side is called the defendant or respondent.

What is the first thing that happens in a court case?

Arraignment

The defendant goes to court. They find out what they're charged with and what their rights are. The judge will ask if they are ready to plea.

What are the 5 basic steps of the trial process?

A Look at the Trial Process
  • Presentation of Evidence and Testimony of Witnesses. The plaintiff's or prosecution's case is presented first. ...
  • Closing Arguments. ...
  • Presentation of Jury Instructions (Charging the Jury) ...
  • Deliberation. ...
  • Announcement of the Verdict.

What is the first step in the legal process?

The first step in any legal process is the initial consultation. This is where you meet with an attorney to discuss your case. During this meeting, you'll provide details about your situation, and the attorney will offer preliminary advice and outline potential next steps.

What are the 7 basic steps in a criminal case?

Steps of The Criminal Justice System
  • Arrest. An arrest is made by the Police/Sheriff Department or a citation to appear in Court is issued. ...
  • Initial Appearance. ...
  • Preliminary Hearing or Trial Information. ...
  • Arraignment. ...
  • Pleas. ...
  • Jury Selection. ...
  • Trial. ...
  • A trial usually consists of the following steps:

What is the Court Process of a Criminal Case?

35 related questions found

What comes after preliminary?

At the end of Preliminary Hearing, the case is “bound over” to the District Court. This means the case file goes form Magistrate Court to District Court and all future hearings will be held there. It is usually about a month until the next hearing, which is an Arraignment.

How to start a court case?

You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.

What is the first stage of the law?

Laws begin as ideas. First, a representative sponsors a bill. The bill is then assigned to a committee for study. If released by the committee, the bill is put on a calendar to be voted on, debated or amended.

Can you go to jail at an arraignment?

Yes, you can absolutely go to jail at an arraignment in California. An arraignment is the first court appearance after an arrest.

Can I sue after being found not guilty?

If you are accused of a crime and acquitted or otherwise found not guilty of the offense, you can still face a civil lawsuit for the same incident. The Double Jeopardy clause only protects you from subsequent criminal prosecution in the legal system.

How much evidence is needed to go to trial?

When a lawsuit goes to trial, there are several evidentiary standards the California courts use to reach a conclusion. The basic standard, a “preponderance of evidence,” is necessary to demonstrate that it is more likely than not that certain allegations are true.

Can a case be dismissed if the date is wrong?

Yes, a motion to dismiss the indictment can be made, and it should be made. However, the case doesn't go away because of the typo. The state can either amend the indictment to reflect the correct date or obtain another new indictment. if a felony indictment has the wrong location of the alleged ...

How do court cases begin?

Most court cases start when one party files a complaint, petition, or other legal documents with the court clerk.

What happens if you lose a trial?

If you lose your case, you can appeal to have a higher court review the jury trial. The appeals process is not a chance at a new trial. There are limited reasons you can file an appeal. An appeal is usually limited to errors of law.

How do lawyers decide to take a case?

A lawyer's decision to take on a case involves multiple factors, from the strength of your legal claim to the potential financial outcome. They consider whether your case has legal merit, the costs involved, and the likelihood of a successful outcome.

What is the beginning of a law called?

Bill: Formally introduced legislation. Most ideas for new laws, called legislative proposals, are in the form of bills and are labeled as H.R. (House of Representatives) or S. (Senate), depending on where they are introduced.

What is the First Step Act into law?

The First Step Act — This new law allows for the early release of certain inmates who had been convicted in federal court. More information regarding this new law is outlined below, in the section Facts About the First Step Act.

What is the first rule of law?

First, laws must represent more than just an arbitrary or reasonless exercise of discretion. Laws must be general, rather than being aimed at particular individuals; justified by reference to relevant legal rules and principles; and regular, treating similar cases similarly.

How to win a case in court without a lawyer?

Seven Tips When Representing Yourself In Court
  1. Make a good impression. If you dress nicely, it tells the judge that you respect the courtroom and care about your case.
  2. Be respectful. ...
  3. Know what to ask. ...
  4. Arrive early. ...
  5. Tell your story. ...
  6. Come prepared. ...
  7. Use a lawyer if you need help.

Do I have to pay court fees immediately?

amount of court costs, are due the day of your sentencing. In very rare cases up to 72 hours may be allowed for you to pay a significant amount of your fines and court costs.

What does a judge say to open a case?

Judge: Good morning, ladies and gentlemen. Calling the case of the People of the State of California versus (defendant's first name). Are both sides ready? District Attorney: Ready for the People, Your Honor.

Do prosecutors want to go to trial?

When a prosecutor decides to take a case to trial, it's typically because they believe they have a strong case that serves the interests of justice. Several factors can contribute to this decision: Strong evidence supporting the charges. Serious nature of the offense.

What is the most common result of a preliminary hearing?

The most common outcome of a preliminary hearing is the judge's decision to hold the defendant to answer on the charges. This means the judge has found sufficient probable cause to believe that the defendant committed the crime and the case will proceed to trial.

What comes after a pretrial?

After the pre-trial hearing, the attorneys appear before the judge to advise the court on the status of the case. If there is a plea bargain, the lawyers will tell the court of the resolution and place the plea on the record by stating the terms of the resolution in open court.