If you’re preparing for a civil trial in Oklahoma—whether as a plaintiff or defendant—it’s natural to feel anxious about what lies ahead. Civil trials differ from criminal cases in both purpose and procedure. Instead of focusing on guilt or punishment, civil trials resolve disputes over issues like contracts, personal injuries, property damage, or family law matters.
What Is a Civil Trial?
A civil trial is a legal proceeding where one party (the plaintiff) sues another party (the defendant) to resolve a private legal dispute. The goal is not to punish the defendant but to determine whether someone should be held financially or legally responsible—and, if so, what remedy is appropriate.
Civil trials in Oklahoma typically take place in district court, and the outcome can include monetary damages, injunctive relief, or orders requiring someone to do or stop doing something.
Before Trial: The Pretrial Process
Most civil cases don’t go straight to trial. First, there’s a pretrial process that includes:
- Pleadings: Each side files legal documents explaining their claims or defenses.
- Discovery: Both parties exchange evidence, documents, and witness information.
- Motions: Lawyers may ask the court to rule on certain issues before trial (e.g., to dismiss a claim or exclude evidence).
- Settlement Talks or Mediation: Many civil cases settle out of court before trial. Judges may encourage or require mediation.
If the case doesn’t settle, it proceeds to trial.
Jury or Judge?
In Oklahoma, civil cases can be decided by either a judge (bench trial) or a jury. Either party can request a jury trial, and the jury will typically consist of six jurors unless both sides agree otherwise. The jury listens to the evidence, applies the law based on instructions from the judge, and reaches a verdict.
What Happens During a Civil Trial?
Here’s a general outline of what to expect during a civil trial:
1. Jury Selection (if applicable)
Both sides help choose a fair and impartial jury through a process called voir dire.
2. Opening Statements
Each attorney gives a brief summary of what they expect the evidence will show.
3. Presentation of Evidence
The plaintiff presents their case first. This includes calling witnesses and introducing documents or exhibits. The defense then presents its case in the same way.
4. Cross-Examination
Each side can question the other’s witnesses to challenge their credibility or clarify their testimony.
5. Closing Arguments
Attorneys summarize their positions and try to persuade the jury or judge to rule in their favor.
6. Jury Instructions and Deliberation
If there is a jury, the judge explains the law they must follow, and the jury deliberates until it reaches a verdict.
7. Verdict and Judgment
The judge or jury announces the decision. If the plaintiff wins, the court enters a judgment outlining the relief awarded.
What Can Be Awarded?
Depending on the type of case, the court may award:
- Monetary damages (to compensate for financial losses or pain and suffering)
- Injunctive relief (ordering a party to stop doing something)
- Specific performance (requiring a party to fulfill a contractual obligation)
- Declaratory relief (clarifying the rights of the parties)
After Trial: Appeals and Enforcement
If one side believes legal errors occurred during the trial, they may file an appeal. This asks a higher court to review the trial court’s decision. If the judgment involves money and isn’t paid voluntarily, the winning party may need to pursue collection efforts, such as wage garnishment or liens.
Wagoner Civil Trial Attorneys
Civil trials can be complex, but the right legal representation can make all the difference. Our team here at Wagoner County Attorneys can look at your situation and help you decide your best course of action. If you need help, reach out to us at 918-283-7394 or ask a question online.