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Digital
Law Suits – Trial and Judgment
 Digital
Law Sits may proceed in a manner similar to that of criminal trials.
Each side has to present their witness and submit evidence. After
hearing both the sides and examining the evidence produced by either
side the Jury or Judge may proceed to pronounce the judgment. The
plaintiff is required to substantiate his complaint with proper
documentations and evidence to prove that his rights have been
infringed or any of his proprietary data has been compromised.
Necessary evidence in support of the claims must be produced. The
evidence so produced must be convincing enough for the jury and judge
to accept the claim. The defendant is also given an opportunity to
support his arguments in his defense by producing affirmative defenses.
The trial court gives an opportunity to both the parties produce
evidence to corrobate their statements. Both the sides, plaintiff and
the defendant are also allowed to call in witness in their own support
or against the other party. While the Judge studies and accepts the
evidence, it also examines the witnesses as well. Once the submissions
made by the witness are over the lawyers of the other party get an
opportunity to cross examine the witness by questioning him. The court
clerk keeps on recording all the details of examining and cross
examining of the witnesses. Sometimes over the period of time
witness get hostile and change their statements, so it is of utmost
importance to produce such witness whose chances of getting hostile are
the least.
Legal provisions provide for filing of numerous motions before a
judgment is delivered for termination of the digital law suit
“prematurely”. These motions are used to make the judge or
jury agree through any legal arguments or evidences that the other
party cannot win the suit by any means and the trial may be closed with
a summary judgment. In case of trial by jury if any of the party thinks
that the jury has take a stand without considering the evidence
produced or is substantially against the prevalent laws, a motion may
be filed before the Judge for grant of a new trial and set aside the
decision of the Jury .The option to settle the matter out of the court
is still open to both the parties even at this stage. All the courts
are more than happy if matters get settled out of court. In case of out
of court settlement both the parties are required to file a joint
petition accompanied by the agreed terms of settlement. The Judge then
awards an order for allowing the parties to agree on the terms of
settlement and withdraw the suit. With the terms of settlement being
recorded in the court and the judgment, they become legally binding on
both the parties. It may also happen at any time in the process of
filing the complaint but before the final decision, the plaintiff, can
take back his complaint and agree for a settlement. This would involve
a negotiated award to be given to the plaintiff, for taking back his
complaint, for which he had moved to the court of law.
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