How a Lawsuit Gets to Trial
This section is designed to provide a basic introduction to the litigation process and to explain some of the “legalese” you might hear or see. While the specific procedures can vary from state to state, most civil lawsuits can be divided into six different stages at the trial level. Click on the links below to jump to that section:
Pleadings Stage
A lawsuit begins with the filing of a Complaint. A Complaint is a document filed with the court by the plaintiff, which sets forth (or “pleads”) the facts upon which the plaintiff’s claim is based and the legal theories (for example, defective product, breach of contract) upon which he or she intends to rely to support his or her claim for damages. Once a Complaint is filed with the court, it must be served upon the defendant. The defendant then has two choices on how to proceed. First, the defendant can file a Motion to Dismiss the plaintiff’s claim. This is a document filed with the court, in which the defendant argues that, even if the facts alleged in the Complaint are true, the law that applies to those facts doesn’t allow the plaintiff to recover. A motion to dismiss could be filed where, for example, the facts set forth in the plaintiff’s Complaint make it clear that he or she has waited too long to file the claim, or if there is some other legal reason justifying dismissal. Second, the defendant can file an Answer. The Answer is a document that either admits or denies each specific allegation of fact in the plaintiff’s Complaint. It also sets forth the legal defenses that the defendant intends to assert to the plaintiff’s claim. If a Motion to Dismiss is filed and granted by the court, the case proceeds no further at the trial level. The plaintiff can appeal the dismissal to an appeals court, which decides whether the trial court made a mistake in dismissing the claim. Unless an appeal is filed and the appeals court reverses the decision of the trial court, the case is over. If a Motion to Dismiss is not filed by the defendant, or if the Motion is denied by the trial court, the case usually proceeds to the Fact Discovery Stage. 
Fact Discovery Stage
The Fact Discovery Stage is where the parties find out information about the other side’s case. This happens in several ways. First, there is usually an exchange of “paper discovery.” This usually takes the form of:
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Interrogatories: These are written questions that the other side must answer in writing under oath. Interrogatories are typically used to obtain basic information such as the plaintiff’s date of birth, the brands of cigarettes he or she smoked and when, the identity of his or her doctors in a personal injury case, etc. From the plaintiff’s perspective, Interrogatories can be used to find out the facts upon which the defendant is basing its defenses to the plaintiff’s claim.
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Document Requests: Both sides can ask the other party to produce documents that are potentially relevant to the claims and defenses in the lawsuit.
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Requests for Admission: These are written statements of fact that the other party is required to admit or deny under oath. Once admitted, a fact is deemed established at the time of trial and the party obtaining the admission does not need to provide evidence to prove that fact.
Second, the case may involve Depositions. Depositions are proceedings in which a witness (for example, the plaintiff who is making the claim, a third party who knows the plaintiff, or a company employee with knowledge of a specific issue) is required to answer questions from the attorney representing the other side in person and under oath. The attorney’s questions and the witness’s answers are recorded by a court reporter and reproduced in a written transcript. The answers in the transcript can then be used as evidence at trial. Usually, the Deposition takes place in a conference room in a lawyer’s office. Depositions are sometimes videotaped.
Expert Discovery Stage
Very often, tobacco cases involve expert testimony. Experts are people who, because of their experience and education, are qualified by the court to give opinions (as opposed to factual testimony) on issues beyond the knowledge of an average juror. Expert testimony can cover many different issues, ranging from the cause of a plaintiff’s medical condition, the state of the science on smoking and health issues at various points in time, the state of the art on cigarette design and reduced risk products, advertising and marketing, or economics and statistics. Very often, Philip Morris USA employees are considered Experts in their particular fields and are permitted to offer opinions on issues such as cigarette design to the jury. Experts are often identified at the end of the Fact Discovery Stage. The Experts provide written reports setting forth the opinions that they expect to testify to at the time of trial. The Experts are then required to submit to a Deposition where they are asked questions about their opinions.
Pre-Trial Motions Stage
Motions are often filed in the period between the completion of fact and expert discovery and the date set for trial. A motion is the legal term for a request that the court take some action or grant certain relief. Motions are usually accompanied by a written statement of facts and legal argument. Pre-trial Motions typically take two forms:
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Motions for Summary Judgment: A Motion for Summary Judgment is a request that the court enter a judgment in favor of one party as a matter of law. The party seeking summary judgment must show that the undisputed facts – usually those developed during discovery – demonstrate that there can be only one outcome at trial because those facts, combined with the applicable law, demonstrate beyond question that the party seeking summary judgment is going to win. Summary judgment is denied where the outcome of the trial will depend upon disputed facts that the jury must resolve at trial. If summary judgment is granted, judgment is entered and the case ends at this stage without a trial.
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Motions in Limine: These are requests for a ruling by the court on an issue that may come up at trial. Examples include a request that the court bar the use of certain evidence because it is irrelevant or unduly prejudicial, or a request that a certain expert not be allowed to testify because his opinions are unreliable. The court typically rules on these motions shortly before the trial begins.
Jury Selection
In cases involving claims for money damages, the parties are usually entitled to a trial by jury. The jury is selected from a “pool” of potential jurors drawn from the geographical area in which the court is located. The jury selection process involves “voir dire” – in which the lawyers for the parties (or in some cases the judge) ask the potential jurors questions designed to determine whether the juror can be fair and impartial in deciding the case. A potential juror can be excused from service when his or her responses suggest that he or she cannot be impartial or when jury service would cause the potential juror undue hardship. Each side also has a small number of Peremptory Challenges – which allow the party to excuse a potential juror without explaining the reason.
Trial
Once the jury is selected and sworn in, the trial begins. Sometimes the trial judge will give a short statement to the jury explaining what the case is about. The lawyers for the parties then deliver Opening Statements. These are presentations – typically two or three hours in length – in which the attorney explains to the jury what he or she thinks the evidence during trial will show. After Opening Statements, the plaintiff “puts on” his or her case. This usually consists of witness testimony and documents that are read to the jury. The lawyer for the defendant has the right to “cross-examine” (ask questions of) the plaintiff’s witnesses during this part of the trial. Once the plaintiff’s presentation of his or her case is complete, he or she “rests.” The defense then proceeds to put on its case. Again, this usually consists of witness testimony and documents. The lawyer for the plaintiff has the opportunity to cross-examine the defense witnesses. Finally, there is the plaintiff’s “rebuttal case,” in which the plaintiff has the opportunity to recall witnesses to testify concerning new issues raised by the witnesses who testified for the defendant. After the completion of testimony, the lawyers for the parties deliver Closing Statements. These are presentations in which the lawyers discuss the evidence that has been presented to the jury during trial and seek to persuade the jury that the evidence supports a decision in favor of his or her client. The judge then delivers the Charge, which is an oral summary of the law that the jury should apply to the facts of the particular case. The jury then retires to consider its verdict.
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