The trial is the act presided over by the judge in which the parties present their claims orally and the test is practiced, leaving the lawsuit seen for sentencing.
Trials are the place and the procedural moment where the contradictory written versions of the parties are developed and where the evidence is practiced. The tests that are developed during the trial are the interrogations of the parties (defendant and plaintiff), experts, witnesses, audiovisual projections, oral reports and all those admitted tests.
In this act, the arguments of the parties are presented orally, trying to get the judge or court to pass judgment in favor. The act of the trial ends with the conclusions of each of the parties once the tests have been performed.
When is the trial held?
The appropriate procedural moment for the trial day is set by the court once it understands that it is necessary to hold this oral hearing.
The usual order of a judicial process would be the following:
- Filing of the claim.
- Transfer of the claim to the defendant.
- Answer to the demand.
- Prior Hearing / Hearing.
- Possible resources.
The trial takes place once the contradictory arguments of the parties have been written down. That is, once the practice of the test has been requested, it must be carried out in person and in front of all the parties.
Need for judgment
Not in all judicial processes it is necessary that the trial be held. For example, in those cases where the parties understand that it is not necessary to go to trial since there is no evidence to practice and written arguments are enough, the trial will not be held.
This occurs in verbal trials, which deal with minor issues. The court with the writings will dictate sentence.
Depending on the jurisdiction where the conflict is framed, the development of the judicial act will have a different order.
In civil jurisdiction, the order in which the trial takes place is as follows:
- Practice of the test admitted by the judge with the following order.
- Interrogation of the parties.
- Public and private documents.
- Expert opinion.
- Examination of witnesses.
- Conclusions of the parties, summarizing their claims and the conclusion of the evidence practiced at the hearing.
However, judicial acts can be avoided by negotiation or conciliation prior to the holding of the hearing, which would suspend the hearing by an out-of-court agreement that eliminates the controversy that should be submitted to judicial resolution.
Types of lawsuits
Depending on the jurisdiction in which the conflict is located (civil, criminal, commercial) there are different types of lawsuits.
There are small, verbal or ordinary judgments. It is differentiated by the type of claim that is requested and by the amount of money.
In the case of criminal jurisdiction, there are quick, ordinary trials with a popular jury. The matter makes the difference since in quick trials the commission of minor crimes is solved.
They only solve conflicts related to the public law of the administration and you cannot go without first having exhausted all the available administrative channels.
To arrive at the act of the trial that solve conflicts in the workplace, it is necessary to try a prior conciliation, without which it is not possible to go before the judge.