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POSTTRIAL PROCEDURES

At the conclusion of the trial, the judge or jury will render a judgment: a decision on whether the defendant owes the plaintiff money. In a take nothing judgment, the defendant owes the plaintiff no money.

For a certain period, the judgment may be appealed. If it is not appealed or if the court rejects the appeal, the judgment becomes payable. In some situations, the judgment is apportioned into periodic payments, but in most cases the full value of the judgment is due in cash.

If the defendant does not pay the judgment, the plaintiff may levy on (have the sheriff seize) such of the defendant's property as is necessary to pay the judgment. What may be seized is a matter of state law. In addition, in some states, the plaintiff may be able to attach a part of the defendant's earnings to pay the judgment. The defendant may declare bankruptcy. In this event, the bankruptcy court apportions the defendant's nonexempt assets (those subject to sale to pay creditors) as determined by state and federal law. When the bankruptcy is complete, tort judgments are usually discharged. Bankruptcy is a harsh remedy, but it provides the ultimate control over tort judgments.

The judgment entered in a case is final unless an affected party can convince the appeals court that it should be reversed or modified because of legal errors. A common request is that a large judgment be reduced (remitted) as being unsupported by the facts. In most states, the judge who tried the case has the right to order that the plaintiff take less money than the jury has awarded. If the plaintiff refuses, the judge can order that the case be retried.

When a case is accepted for review by a higher court, the attorneys prepare detailed legal analyses of the alleged errors in the case. They must also provide the appeals court with a transcript of some or all of the trial. This transcript can cost $10,000 or more, making an appeal an expensive proposition. Appeals also take time--usually two or more years. For these reasons, plaintiffs often agree to settle a case for less than the jury award if the case is accepted for appeal.


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