After you filed a lawsuit or a lawsuit was filed against you, after discovery is complete and after you and your attorney have attempted to settle your dispute (without success), you face a trial by a jury or a judge. A trial produces a winner and a loser. Rarely, does both sides partial win in a trial. More importantly, 90% to 95% of lawsuits are settled, thus, parties rarely choose to try their cases.

When a lawsuit is filed, the plaintiff can demand a jury trial (certain lawsuits cannot be decided by a jury). If the plaintiff decides not to demand a jury trial, then the defendant can demand a jury trial (as part of the defendant's answer to plaintiff's complaint). So, whether you are a plaintiff or defendant, you can decide to have a jury decide your dispute.

In trials involving contracts, partnerships, etc., much of the evidence presented is in the form of documents such as agreements, correspondence, notes, financial statements, etc. Much of the trial will be tedious and boring. In a trial, the credibility of your testimony will be judged by a jury or a judge. Credibility is not truthfulness in a moral sense. Creditability means a jury or judge decides whether to believe you or the other party.

Trial are risky and expensive. To prepare for a trial your attorney has to "hand craft" your case, as a result, you will probably have to pay "hand crafted" prices.



We are generally describing Hawaii's law. You should not rely upon or use this general
information to resolve any legal dispute. You should seek advise from an attorney.

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email: sato@ST-Hawaii.com



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