The Course of a Trial
CIVIL TRIALS
After the jury has been sworn in, the plaintiff’s lawyer outlines the nature of the case and the evidence that will be offered to support the plaintiff’s case. This is called an “opening statement.” It is not intended to be an argument and is not evidence.
The lawyer for the defendant may make an opening statement or may reserve opening statements until the plaintiff’s case has been completed.
The first evidence is received from witnesses for the plaintiff who are called to the witness stand and sworn to tell the truth before giving their testimony.
As a rule, every witness is examined by the lawyer for one side and may be cross-examined by the lawyer for the other side (or questioned by the judge) as the trial progresses, in an effort to determine just exactly what the truth is.
After the plaintiff has put in evidence, the lawyer for the defendant may make an opening statement, if he or she has chosen to wait until this time to do so. The defense attorney may call witnesses, who are subject to cross-examination. Cross-examination is the questioning of a witness at trial by the party opposed to the party who called the witness to testify.
The plaintiff’s lawyer may put witnesses on the stand in rebuttal, or reply, and they are likewise subject to cross-examination.
When all of the evidence is in, the lawyer for the plaintiff usually makes an argument intended to help the jury analyze the evidence. The argument is also an attempt to convince the jury that, based upon the evidence presented, the plaintiff is entitled to win. The lawyer for the defendant makes an argument for the defendant for the same purpose. Finally, the lawyer for the plaintiff makes a concluding argument in reply. After these arguments have been made, the judge instructs the jury on the law.
During the trial, the judge decides all disputes about the law and the rules for trying the case.
The judge may rule upon many questions that are submitted by the attorneys and may hear arguments of counsel in the absence of the jury. The rulings of the judge involve questions of law, not fact, and must not be questioned by the jury as to their correctness for or against either side. Such questions are decided by the judge as the law requires. A ruling does not indicate that the judge is taking sides. In effect, the judge is merely saying: “The law does not permit that question to be asked” or “That question is permissible under the law.”
At the close of the trial, the judge will instruct you on the law and tell you the principal questions you are to decide. The case is then turned over to the jury. The power and responsibility move from the bench to the jury room, where you will consider the testimony and the instructions given by the court.
Throughout the course of the trial, jurors are permitted to separate when the court is not in session. Only in rare instances are jurors “sequestered” or kept together to prevent outside influence.
CRIMINAL TRIALS
The procedure in a criminal trial is basically the same. The prosecutor begins the case by outlining the evidence against the defendant. In a criminal case, the state accuses an individual or corporation with violation of a law.
After the prosecutor and the defense attorneys present all of the evidence to the jury and make their closing arguments and the judge instructs on the law, the case is ready for the jury’s consideration. If there is a conviction, the judge determines the appropriate treatment or punishment.
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