Chapter Seventeen The Trial
Trial Participants • Judge • Plaintiff’s Attorney • Defendant’s Attorney • Court Reporter • Court Clerk • Jury • Court Deputy/Bailiff
Pre-Trial Motions • Motion for Summary Judgment/Adjudication • May be on all issues, or just a few. Those issues not included/adjudicated in motion remain for trial. • Motions in Limine • Evidentiary issues • Amending the complaint • Trial procedure issues • Etc.
The Trial Brief A written document that might contain a summary of the facts, issues, rules and analysis used by a court and a comparison with a client’s facts
Jury Selection(some vocabulary) • Jury Questionnaire • Jury Panel • Voir Dire • Excused for Cause • Peremptory Challenge
Burden of Proof(civil case) The burden of proof is on the Plaintiff The Plaintiff must prove: • that a civil wrong was committed and • that a preponderance of the evidence shows that the defendant is liable for that wrong
Burden of Proof(criminal) In a criminal case, the prosecutor must prove: 1. that a crime has been committed and 2. that the evidence shows that the defendant is guilty beyond a reasonable doubt.
Opening Statement Examination of Witnesses Redirect Examination Cross-Examination Closing Argument Plaintiff’s Role at Trial
Opening Statement Cross-Examination Examination of Witnesses Redirect Examination Closing Argument Defendant’s Role at Trial
Mistrial Motion for Nonsuit (on all or some of the claims) Defendant is only party able to bring this motion Motion for Directed Verdict (either party) Voluntary dismissal Amend pleadings to conform to proof Recess/continuance Reopen Case in Chief Contempt Motions During Trial
Jury Instructions Jury instructions provide jurors with the law applicable to the claims and defenses presented in a particular case. The jury is then bound to accept and apply this "law" to the facts (as it determines from the evidence) in arriving at a verdict.
Jury Deliberations • Deliberations take place in private • Sometimes juries are sequestered • In most cases the jury reaches a decision • Once the jury reaches a verdict, the court reconvenes