STEPS IN A TRIAL
|1. Selection of a Jury|
|Jurors are selected for a courtroom from the pool of available jurors. The judge and attorneys question the jurors in a process called voir dire (vwar deer) "to speak the truth." to determine if any juror has a personal interest in the case, a prejudice or bias that may wrongly influence him/her as a juror. The attorneys may challenge some jurors and ask the Court to excuse them from the trial. There are two types of challenges; challenge for cause and peremptory challenge. Although peremptory challenges are limited in number, each side has an unlimited number of challenges for cause.|
|2. Opening Statements|
|Each side may outline the proof to be presented to the jury during the trial. Opening statements are not evidence, only expectations of what each side expects the evidence to prove.|
|3. Presentation of Evidence and Testimony of Witnesses|
plaintiff's or prosecution's case is presented first. As each witness testifies, the side
that called the witness asks questions in direct examination. Then the side that did not
call the witness has an opportunity to ask questions in cross examination. Physical
evidence, such as documents, weapons or photographs are admitted into evidence and
numbered for identification.
During the trial, if one attorney objects to a question, he presents his objection to the judge. These are questions of legal technicality and may be argued out of your hearing. Do not be concerned. The judge will advise the jury of any information you need to make your decision, or instruct you to disregard what should not be considered. A ruling by the judge to sustain or overrule an objection does not mean that the judge is taking sides. He is applying the law which permits or does not permit the question to be asked or the answer to the question.
When each side has presented all their evidence, they "rest" their case.
|4. Closing Arguments|
|The attorneys summarize the evidence and try to persuade the jury to find in favor of their client. The plaintiff has the burden of proof and therefore has the opportunity to open and close the arguments.|
|5. Presentation of Jury Instructions (Charging the Jury)|
|The judge reads the instructions of law to the jury, defines the issues the jurors must decide and informs them of the law that governs the case. Jurors may not decide cases based on the laws as they would like them to be but must reach a verdict on the laws as they are. This is your sworn duty.|
retires to the deliberation room to consider the case and reach a verdict. The jury first
elects a foreperson who will see that discussions are conducted in a sensible and orderly
fashion, that all issues are fully and fairly discussed, and that every juror is given a
fair chance to participate. If the jurors have a question during their deliberation, they
may write it down and have the bailiff deliver it to the judge.
When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors.