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Velella & Basso
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The Legal Aid Society
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Acccording to a Civil Justice Survey of State Courts conducted by the U.S. Department of Justice entitled: Tort Bench and Jury Trials in State Courts, 2005: In 2005 tort jury trials lasted nearly 4 days on average, while bench trials were disposed within an average of about 2 days. For tort jury trials, asbestos cases tended to take the most time averaging 13 days in trial. Other case types that took more than a week on average for juries to dispose include medical malpractice (6 days), non–asbestos product liability (7 days), and professional malpractice (8 days) cases.
Bureau Of Justice
Acccording to a Civil Justice Survey of State Courts conducted by the U.S. Department of Justice entitled: Tort Bench and Jury Trials in State Courts, 2005: Half of the estimated tort trials disposed of in the national sample in 2005 went from filing of the complaint to final verdict or judgment within an estimated 23 months for jury trials and 18 months for bench trials. Among tort jury trials, the median case processing time was less than 2 years for animal attack, automobile accident, slander or libel, and conversion cases. Other case types resolved through jury trial took substantially longer to dispose. For example, half the non-asbestos product liability, medical malpractice, and false arrest or imprisonment cases took 30 months or more to process from initial filing to trial resolution. Among tort bench trials, the median case processing times varied from nearly 15 months for false arrest or imprisonment cases to 23 months for intentional and other torts.
Bureau Of Justice
Acccording to a Civil Justice Survey of State Courts conducted by the U.S. Department of Justice entitled: Tort Bench and Jury Trials in State Courts, 2005: After a trial reaches final verdict or judgment, litigants can file post-trial motions seeking to modify or overturn the trial court outcome. Thes e include mot ions for judgment notwithstanding the verdict (JNOV), motions for a new trial, motions to modify the award, and motions for some other form of relief. A JNOV provides a mechanism for directly challenging the jury’s verdict. In order to grant a JNOV, the judge must find that the evidence presented at trial so overwhelmingly favored the losing party that the jury’s verdict should be reversed and a judgment entered for the party which initially lost. A motion for a new trial is filed when one party seeks to have the verdict or judgment discarded and the case tried again. A motion to modify the award occurs when one party seeks to have the damage award increased or reduced. Other relief can involve motions to correct errors that occurred at trial, modify court costs and fees, and amend judicial decisions in bench trials. Litigants filed post-trial motions in nearly 1 out of 3 tort trials disposed in the national sample in 2005
Bureau Of Justice
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