Jurisprudence and legal issues 387
Interrogatories are a formal set of written questions that are asked of
one party by the other. Both parties are allowed to pose questions to each
other. This clarifies matters of evidence and helps to determine what will
be presented at trial. Depositions are a formal process for obtaining poten-
tial evidence under oath. This information is recorded for later use in court.
There are two types of depositions for obtaining information: discovery
depositions and evidentiary depositions. A discovery deposition is intended
to “discover” evidence that may be used at trial. An evidentiary deposition,
on the other hand, is meant to gather evidence that will be used as testimony
at trial. It is often done if a witness is unavailable for appearance at trial and
is often videotaped for presentation to the jury.
A subpoena is a written command issued by a court of proper jurisdic-
tion that compels a person to appear at a certain time and place. In addition ,
there are also subpoenas that compel someone to bring certain items with
him or her when he or she appears to answer a subpoena. This type of sub-
poena is called a subpoena duces tecum. The items to be produced must be
specified in the subpoena, and they must also be in the possession of the
individual receiving the subpoena duces tecum.
If settlement is not reached by the time the discovery process is concluded,
then a trial takes place to determine the outcome of the case. The burden of
proof is placed on the plaintiff in a civil suit. Unlike criminal court, where the
burden of proof is “beyond a reasonable doubt,” the burden of proof required
by a civil court is “a preponderance of the evidence.” Generally speaking, this
is interpreted to mean more likely than not or slightly greater than 50%. The
verdict rendered by a jury in a civil matter is either for or against the plaintiff.
If the verdict is against the plaintiff, there are no damages and the matter
is concluded. However, if the verdict is for the plaintiff, then the jury must
decide how much to award the plaintiff in damages.
The decision of how much in damages to award to a plaintiff in a success-
ful civil suit is based on several factors. In states using the concept of con-
tributory negligence, the jury must decide whether the plaintiff did anything
to contribute to his own injury. If the answer is no, then the plaintiff may be
awarded 100% of the calculated damages. If the answer is yes, then the jury
must then determine how much the plaintiff contributed to his or her own
injuries. This determination is made on a percentage basis and the net award
to the plaintiff is calculated by subtracting the amount of contributory neg-
ligence from 100%. Damages are awarded by the jury based on three differ-
ent factors: (1) loss of earnings, (2) reasonable medical expenses, and (3) pain
and suffering. Of these three factors, loss of earnings and reasonable medical
expenses are generally straightforward determinations. However, determi-
nation of something as intangible as “pain and suffering” is often an emo-
tional decision on the part of the jury and tends to vary a great deal among
individuals. This is the reason that many states now “cap” or limit the amount