Whether you’re suing someone or being sued, facing a civil trial in Oklahoma can feel intimidating if you’ve never been through the process before. Civil cases involve disputes between individuals, businesses, or organizations, such as contract breaches, property damage, personal injury claims, or disputes between businesses. Understanding what happens in a civil trial and how Oklahoma courts handle these disputes can help you feel more prepared and protect your rights.
What Is a Civil Trial?
A civil trial is a court proceeding where a judge—or sometimes a jury—hears evidence and decides a dispute between parties. Unlike a criminal trial, where the government prosecutes someone for breaking the law, a civil trial is about resolving private legal conflicts.
The person who files the lawsuit is called the plaintiff, and the person being sued is the defendant.
What Happens Before Trial?
Before the trial begins, the case will go through several pre-trial steps:
- Pleadings: The plaintiff files a petition outlining their claim, and the defendant responds with an answer.
- Discovery: Both sides exchange information, documents, and evidence. This may include depositions, written questions (also known as interrogatories), and subpoenas.
- Motions: Either side may file motions to dismiss the case, exclude evidence, or resolve issues before trial.
- Settlement Discussions: Many civil cases in Oklahoma settle before reaching trial. Mediation or negotiation may be encouraged by the court.
If the case doesn’t settle, it proceeds to trial.
What Should I Expect at the Trial?
In Oklahoma, a civil trial may be heard by a judge (bench trial) or a jury, depending on the nature of the case and whether either side requests a jury.
Here’s what typically happens:
1. Jury Selection (if applicable)
If your case is a jury trial, the process begins with voir dire, where potential jurors are questioned to ensure they can decide the case fairly.
2. Opening Statements
Each side gives a brief overview of their case, explaining what they intend to prove.
3. Presentation of Evidence
- The plaintiff presents evidence first, including witness testimony, documents, and exhibits.
- The defendant then presents their case, challenging the plaintiff’s claims and offering their own evidence.
Each side may cross-examine the other’s witnesses.
4. Closing Arguments
After all evidence is presented, each side summarizes its case and explains why the judge or jury should rule in their favor.
5. Jury Instructions and Deliberation
If it’s a jury trial, the judge gives legal instructions before the jury discusses the case and reaches a verdict.
6. Judgment
The court announces its decision. In some cases, this happens immediately. In other cases, the judge may take the case under advisement and issue a ruling later.
What Standard of Proof Applies?
In civil cases, the standard of proof is “preponderance of the evidence.” This means the plaintiff must show that their version of events is more likely true than not, a lower standard than “beyond a reasonable doubt” used in criminal trials.
What Happens After Trial?
After a judgment is entered, the losing party may:
- File post-trial motions (such as a motion for a new trial)
- Appeal the decision to a higher court
- Be ordered to pay damages, return property, or comply with court orders
If the judgment involves money, the winning party may take steps to collect payment through liens, garnishment, or other enforcement tools.
Creek County Civil Litigation Attorneys
If you’re headed to civil trial in Oklahoma—or considering filing a lawsuit—having the right legal team on your side can make all the difference. If you’re facing a civil trial, our team at Creek County Attorneys can help. Call us at 918-209-3709 for a free and confidential consultation or ask a legal question here.
