14.2 Types of Cases & the Order of Court and Non-Court Proceedings

Key Takeaways

  • Civil cases resolve private disputes, usually for money or court orders; criminal cases are prosecuted by the government and can lead to fines, probation or incarceration.

  • A typical jury trial runs: jury selection, opening statements, plaintiff's or prosecution's case, defense case, rebuttal, closing arguments, jury instructions, deliberation and verdict.

  • In federal criminal trials, FRCrP 29.1 has the government open closing argument, the defense reply, and the government give the rebuttal.

  • Under FRCP 51(b)(3), a federal court may instruct the jury before or after the arguments, and it must give the parties an opportunity to object on the record.

  • A deposition opens with the officer's statement and oath, proceeds through examinations by each attorney, and closes with read-and-sign and custody stipulations.

Last updated: September 2026

Blueprint topics 40202 and 40203 ask you to describe the different types of cases and identify the order of court and non-court proceedings.

Types of cases

TypeWhat it coversParties (typical)Transcriber notes
CivilContracts, torts (personal injury), property, employment, civil rightsPlaintiff v. DefendantDepositions dominate; many medical and technical terms
CriminalFelonies, misdemeanors, infractionsUnited States / State / People / Commonwealth v. DefendantDefendant's presence noted; plea colloquies; sentencing
Family / domestic relationsDivorce, custody, support, protective ordersPetitioner and RespondentOften confidential; minors' names protected
ProbateWills, estates, guardianships, conservatorshipsIn re Estate of...Financial and medical detail
JuvenileDelinquency and dependency (abuse/neglect)In re [initials]Usually closed and confidential
BankruptcyDebtor relief under federal lawIn re [Debtor]; trustee; creditorsFederal bankruptcy courts
AdministrativeAgency adjudications (benefits, licenses, immigration)Claimant or respondent and agencyALJ speaker IDs
AppellateReview of lower-court decisionsAppellant and appellee (or petitioner and respondent)Oral argument; no witnesses

The order of a trial

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Details that affect the transcript:

  1. Preliminary matters are usually colloquy outside the jury's presence.
  2. Jury selection may or may not be transcribed; it is often ordered only when an issue arises (Chapter 16).
  3. Opening statements are colloquy headed by a centered line such as PLAINTIFF'S OPENING STATEMENT. The defense may reserve its opening until its own case.
  4. Each side's case consists of witness examinations in the order direct, cross, redirect, recross, and possibly further examinations, with exhibits marked and received. The index tracks each.
  5. Resting and motions. When a side rests (PLAINTIFF RESTS, a centered event line under the Guide), the other side may move for judgment: a motion for judgment as a matter of law in civil cases (FRCP 50) or for a judgment of acquittal in criminal cases (FRCrP 29), usually outside the jury's hearing.
  6. Rebuttal answers the defense case, and surrebuttal, if allowed, answers the rebuttal. Recalled witnesses are marked RECALLED (Chapter 10).
  7. Closing arguments. In federal criminal trials, FRCrP 29.1: "the government argues; the defense argues; and the government rebuts." Civil trials usually follow the same pattern with the plaintiff first and last.
  8. Instructions. FRCP 51(b)(3) lets the court instruct "at any time before the jury is discharged," before or after the arguments, and objections to instructions must be made on the record.
  9. Verdict. The foreperson or clerk reads the verdict; the jury may be polled one by one.

A bench trial follows the same order without jury selection, jury notations or instructions; the judge decides (Chapter 16).

The order of a deposition

  1. Pre-deposition stipulations, if any (often "the usual stipulations," reserving objections except as to form).
  2. Officer's opening statement (FRCP 30(b)(5)(A)): officer's name and business address, date, time and place, deponent, persons present.
  3. Oath or affirmation.
  4. Examination by the noticing attorney, then by other attorneys, then further examinations.
  5. Exhibits marked as they are introduced.
  6. Read and sign or waiver (FRCP 30(e); Section 14.1).
  7. Officer's closing statement: the deposition is complete, with stipulations about custody of the transcript and exhibits (30(b)(5)(C)).

Other non-court proceedings

  • Arbitration: opening statements, claimant's case, respondent's case, closing statements or post-hearing briefs.
  • EUO and statements: identification of those present, oath, questioning, closing.
  • Meetings: call to order, roll call, approval of minutes, agenda items, motions and votes, adjournment.

Expecting this order helps catch gaps: a closing argument with no ruling on a pending motion, or a witness who testifies without being sworn, is worth rechecking against the audio.

Using the order to check your transcript

You noticeCheck the audio for
Cross-examination starts with no oath line before any directA missed swearing-in, or a witness who is RESUMED or RECALLED
The plaintiff "rests" but a pending motion is never ruled onA ruling at sidebar or after a recess
A closing argument refers to "the instructions you just heard"Instructions given before argument, as FRCP 51(b)(3) allows
An exhibit is discussed as "received" but the index shows only markingA receipt ruling you missed, or a misstatement (Chapter 5)
The jury "returns" but no (Jury out) notation appears earlierA missed jury-presence parenthetical
Test Your Knowledge

In a federal criminal jury trial, what is the order of closing arguments under FRCrP 29.1?

A

The defense argues first, then the government

B

The government argues and the defense rebuts

C

The government argues, the defense argues, and the government rebuts

D

Both sides argue at the same time at sidebar

Test Your Knowledge

Which case caption type is typical of bankruptcy and probate matters?

A

United States v. [Name]

B

[Plaintiff] v. [Defendant]

C

In re [Name]

D

State ex rel. [Name]

Test Your Knowledge

Under FRCP 51(b)(3), when may a federal court instruct the jury?

A

At any time before the jury is discharged, including before or after closing arguments

B

Only after closing arguments

C

Only before opening statements

D

Only in writing, never orally

Sections you finish are checked off in the contents.