1. Opening Statements
2. Plaintiff's or State's Case
3. Defendant's Case
4. Rebuttal
5. Closing Arguments
6. Judge's Charge to the Jury
7. Jury Deliberations
8. Verdict
The opening statements
are made at the beginning of the trial and outline the facts expected to be
presented to the jury. Opening statements are not evidence but are only explanations
of what each
side expects the evidence to prove.
After the opening
statements from both sides, the plaintiff's or state's case
is presented in the form of evidence. This presentation is intended to prove
the claims made. Evidence can be testimony given by a witness at trial or a
physical exhibit such as a gun or photograph. The presentation of the case begins
with the plaintiff's or the district attorney's direct examination of a witness.
Direct examination discloses points important to the case. Next, the defendant's
attorney may cross-examine the witness to disclose facts favoring the defendant;
the defendant's attorney may demonstrate there is a reason to doubt the testimony
given by the witness on direct examination. Upon completion of cross-examination,
the plaintiff's attorney or district attorney may, on redirect examination,
clarify statements previously made by the witness.
The defendant's
case is presented after the plaintiff's or state's case. The defendant's
case presentation follows the same format as the plaintiff'' or state's case.
After the defendant's
case, the plaintiff or state may present rebuttal witnesses or evidence
designed to disprove the testimony and evidence presented by the defendant.
Closing arguments
follow evidence presentation, at which time both sides summarize the case
from their viewpoint. Closing arguments are not evidence but are the attorney's
summaries of the evidence presented during the trial.
The judge's charge
to the jury follows closing arguments. The charge instructs the jury on
the issues to be decided and the rules of law that apply to the case.
After listening to
the judge's oral charge, the jury retires to begin jury deliberations.
Selection of a foreman is the jury's first duty.
This person presides over the discussion of the case, acting as chairman and
spokesman for the jury.
Jury deliberations
generally conclude when a unanimous verdict has been reached. If the jury is
unable to agree upon a verdict after lengthy deliberations, the foreman must
notify the judge. If the jury cannot reach a verdict, referred to as "deadlock,"
a mistrial must be declared and a new jury impaneled to try the
case over.
After reaching a
verdict, the foreman records the verdict and calls for the court attendant (or
bailiff) to escort the jury to the courtroom. The verdict is read by the judge,
circuit clerk, or foreman.
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