Notes

arrest warrant, which describes the offense and requests the defendant to appear before a magistrate or judge.

bond (bail paid on their behalf by a third party)

In civil cases, rather than being arrested, defendants are often notified of their need to appear in court when they receive a summons, or an official notice of a lawsuit.

the plaintiff (recall that this is the person suing someone)

and the defendant (the person being sued) receives this summons as the first official notice that they are in fact being sued

subpoena, or court document that requires the recipient to complete an action like appearing in court or providing evidence, will include information about the date and time of the trial.

Here are a few questions and answers that are commonly asked about pre-trial communication.
Are there days/times when one can’t be served?
In most states, processors can serve on any day. Some states ban service on Sunday and holidays.
Can a person refused to be served?
If a person is avoiding being served, some states allow the paperwork to be left in a place where they will easily be found/retrieved.
Can a witness refuse to testify?
If a witness is served, they must appear in court. As a general rule, the court can force you to testify once you are subpoenaed. However, the Fifth Amendment offers some protection.

However, the attorneys in a case may call witnesses. Here are some of the most common types:
Motion to dismiss
An attempt to get a case dismissed before it goes to trial.
Motion to suppress evidence
An effort to keep certain evidence out of court so the jury can’t consider it.
Motion to compel
An appeal to the court which asks them to require the other party to take some kind of action (e.g., release evidence).
Motion for change of venue
A request that a trial be moved to a different location than the current jurisdiction.

In jury trials, attorneys must select the jurors for a case from a pool of potential jurors. This process is known as voir dire.

However, jurors can also request that a juror be removed without giving any reason for the request at all. Such a request is called a peremptory challenge.

bench trial—a trial in which the judge determines the facts of a case.

02
Before the Trial