1. American Judicial Procedure Judge Tom C. Rawlings Judge, Juvenile Courts Middle Judicial Circuit Sandersville, GA USA tom@sandersville.net www.tomrawlings.com

3. State Case Filings Over 90 million cases filed 2002 Over 90 million cases filed 2002 57.6% Traffic57.6% Traffic 16.3% Civil16.3% Civil 15.4% Criminal15.4% Criminal 6.6% Juvenile & Domestic6.6% Juvenile & Domestic 76% of Civil Trials Are Bench Trials 76% of Civil Trials Are Bench Trials 68% of Criminal Trials are Jury Trials 68% of Criminal Trials are Jury Trials 75% of Civil Cases Settle Before Trial 75% of Civil Cases Settle Before Trial Over 75% of Criminal Defendants Plead Guilty Over 75% of Criminal Defendants Plead Guilty

4. Motion to Dismiss Discovery Action Filed Trial Motion for Summary Judgment Appeal Civil Litigation Process

5. Presented to Grand Jury Arraignment & Discovery Charge Filed Trial Pre-Trial Motions Appeal Criminal (Felony) Litigation Process

6. Civil Discovery Interrogatories – Written Questions Interrogatories – Written Questions Requests to Produce Documents Requests to Produce Documents Depositions – Examination Under Oath Depositions – Examination Under Oath Requests for Admission Requests for Admission Originally intended to reduce burden on courts and “trial by ambush”Originally intended to reduce burden on courts and “trial by ambush” Used in about half of civil casesUsed in about half of civil cases

7. Criminal Discovery Defendants Constitutionally Entitled to Limited Discovery Defendants Constitutionally Entitled to Limited Discovery More Recent Statutes Also Provide For Discovery of More Recent Statutes Also Provide For Discovery of Defendants’ StatementsDefendants’ Statements Exchange of Witness ListsExchange of Witness Lists Exchange of Items to Be Used at TrialExchange of Items to Be Used at Trial In Practice, Prosecutors and Defense Attorneys Discuss Evidence in Detail for Plea-Bargaining Purposes In Practice, Prosecutors and Defense Attorneys Discuss Evidence in Detail for Plea-Bargaining Purposes

8. Motion for Summary Judgment Tests the Sufficiency of the Plaintiff’s Case in a Civil Case Tests the Sufficiency of the Plaintiff’s Case in a Civil Case Show there is “no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Show there is “no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991)Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991)Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991)Lau's Corp. v. Haskins, 261 Ga. 491 (Ga. 1991)

9. Trial: Selecting a Jury Court Schedules All Possible Jury Trials for a Certain Week Court Schedules All Possible Jury Trials for a Certain Week Clerk Summons possibly 100 or more citizens to serve as potential jurors Clerk Summons possibly 100 or more citizens to serve as potential jurors Around 48 will be called to be examined for use in each trial Around 48 will be called to be examined for use in each trial Judge and Attorneys Question Jurors for Possible Bias or Prejudice Judge and Attorneys Question Jurors for Possible Bias or Prejudice Jurors should have no opinion about the caseJurors should have no opinion about the case

10. Trial: Selecting a Jury Once a “Pool” of unbiased persons is available, attorneys ask further questions to gauge “hidden” biases. Once a “Pool” of unbiased persons is available, attorneys ask further questions to gauge “hidden” biases. Voir DireVoir Dire Attorneys then use “peremptory strikes” to “strike” a jury – usually 12 plus two alternates Attorneys then use “peremptory strikes” to “strike” a jury – usually 12 plus two alternates Peremptory strikes cannot be used to discriminate on the basis of race or genderPeremptory strikes cannot be used to discriminate on the basis of race or gender Resulting Jury takes oath to try the case fairly Resulting Jury takes oath to try the case fairly

11. Trial: Procedure Opening Statements Opening Statements Presentation of Plaintiff’s (or State’s) Case Presentation of Plaintiff’s (or State’s) Case Motion for Directed Verdict Motion for Directed Verdict Presentation of Defendant’s Case Presentation of Defendant’s Case Closing Arguments Closing Arguments Jury Charged on Law Jury Charged on Law Jury Deliberates and Returns Verdict Jury Deliberates and Returns Verdict

12. www.tomrawlings.com tom@sandersville.net Cellular: 0724479412