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Comment by MrJohz

But that would be a criminal trial. This was a civil trial. I'm not even American and I understand the difference! The two processes work completely differently, and comparing them like this doesn't make sense.

As to the points you've made:

* Default judgment: If you repeatedly do not show up for a trial, then at a certain point the trial needs to still continue. You should not be able to indefinitely put off a case just by refusing to turn up. If this were a criminal case, Jones would be forced to be there, as it's a civil case this is the alternative (as I understand it).

* Not having evidence: would work a lot better as a defence if (a) you genuinely contested it, and (b) you didn't send all the evidence that you supposedly couldn't find to the opposition lawyer halfway through the case by accident

* The civil case was split into two parts: one to determine fault, and the other to determine damages. As previously mentioned, Jones refused to take part in the trial that would have determined whether he was guilty or not, and therefore a default judgement was given. If he wanted to claim he was innocent, he should have done it then. Again, this is, as I understand it, standard practice for a civil trial.

* During a discussion of how much damages you should pay, given you were found guilty, you cannot argue to the jury that you are innocent. This has already been decided - typically with your involvement, assuming you don't just refuse to turn up - so this is just not in question any more.

parent MrJohz 4 years ago

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