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.
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
| Type | What it covers | Parties (typical) | Transcriber notes |
|---|---|---|---|
| Civil | Contracts, torts (personal injury), property, employment, civil rights | Plaintiff v. Defendant | Depositions dominate; many medical and technical terms |
| Criminal | Felonies, misdemeanors, infractions | United States / State / People / Commonwealth v. Defendant | Defendant's presence noted; plea colloquies; sentencing |
| Family / domestic relations | Divorce, custody, support, protective orders | Petitioner and Respondent | Often confidential; minors' names protected |
| Probate | Wills, estates, guardianships, conservatorships | In re Estate of... | Financial and medical detail |
| Juvenile | Delinquency and dependency (abuse/neglect) | In re [initials] | Usually closed and confidential |
| Bankruptcy | Debtor relief under federal law | In re [Debtor]; trustee; creditors | Federal bankruptcy courts |
| Administrative | Agency adjudications (benefits, licenses, immigration) | Claimant or respondent and agency | ALJ speaker IDs |
| Appellate | Review of lower-court decisions | Appellant and appellee (or petitioner and respondent) | Oral argument; no witnesses |
The order of a trial
Details that affect the transcript:
- Preliminary matters are usually colloquy outside the jury's presence.
- Jury selection may or may not be transcribed; it is often ordered only when an issue arises (Chapter 16).
- 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.
- 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.
- 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.
- Rebuttal answers the defense case, and surrebuttal, if allowed, answers the rebuttal. Recalled witnesses are marked RECALLED (Chapter 10).
- 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.
- 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.
- 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
- Pre-deposition stipulations, if any (often "the usual stipulations," reserving objections except as to form).
- Officer's opening statement (FRCP 30(b)(5)(A)): officer's name and business address, date, time and place, deponent, persons present.
- Oath or affirmation.
- Examination by the noticing attorney, then by other attorneys, then further examinations.
- Exhibits marked as they are introduced.
- Read and sign or waiver (FRCP 30(e); Section 14.1).
- 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 notice | Check the audio for |
|---|---|
| Cross-examination starts with no oath line before any direct | A missed swearing-in, or a witness who is RESUMED or RECALLED |
| The plaintiff "rests" but a pending motion is never ruled on | A 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 marking | A receipt ruling you missed, or a misstatement (Chapter 5) |
| The jury "returns" but no (Jury out) notation appears earlier | A missed jury-presence parenthetical |
In a federal criminal jury trial, what is the order of closing arguments under FRCrP 29.1?
The defense argues first, then the government
The government argues and the defense rebuts
The government argues, the defense argues, and the government rebuts
Both sides argue at the same time at sidebar
Which case caption type is typical of bankruptcy and probate matters?
United States v. [Name]
[Plaintiff] v. [Defendant]
In re [Name]
State ex rel. [Name]
Under FRCP 51(b)(3), when may a federal court instruct the jury?
At any time before the jury is discharged, including before or after closing arguments
Only after closing arguments
Only before opening statements
Only in writing, never orally
Sections you finish are checked off in the contents.