What Happens During
a Trial?
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After you have been selected to sit on a jury, the court session will begin
each time by the court officer calling for order and announcing the opening
of court. Everyone rises and stands until the judge is seated on the bench.
When court is adjourned the same procedure will be followed.
As a juror, you will be sitting in the jury box which will be on one side
or the other of the judge’s bench. It is likely that a seat will
be assigned to you.
Most trials go through four stages:
- ? Stage 1 — Opening Statements by the lawyers for each side in which
they describe to the jury their view as to what is involved in the case.
Remember, what the lawyers say is not evidence. It is their own version
of what the case is about and what they think the evidence is.
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- ? Stage 2 — Presentation of Evidence. This
generally consists of word-of-mouth testimony of several
witnesses and a variety of documents and physical evidence.
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- ? Stage 3 — Lawyers’ Closing Arguments to
the jury to summarize what they think are the most important
and favorable points for their side. Again, their statements
are not evidence.
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- ? Stage 4 - Judge’s Instructions to
the jury as to the law. The judge will indicate the issues
the jury should decide and explain the process of deliberation.
In a case tried before a jury, the jury must decide what
happened on the basis of the evidence presented.
In this process you will
be called upon to determine the credibility of witnesses, to choose
between conflicting theories presented, and to decide if enough evidence
has been submitted to prove a particular fact.
The judge is present to inform the jury of the law that applies to the case.
This occurs at the end of the trial, but the judge may also rule on questions
of law during the trial. As mentioned previously, the jury is to decide
the case based only on the evidence admitted. There are certain rules regulating
the introduction of evidence that may prevent some evidence from being
admitted. When questions arise about these rules and their application,
the judge must make a decision on whether or not to let the evidence in.
Because the jury should not hear this evidence or the discussion about
it, the jury may be excused, the judge may call the attorneys and the court
reporter to the side of the bench for a conference, called a “side
bar,” or the judge, the attorneys and the reporter may retire to
the judge’s chambers. All discussion at the side bar conference or
in chambers is recorded, so that it will be available if the case
is appealed. After hearing the arguments of both attorneys, the judge will
make a decision on the question presented. This is not a matter for jury
deliberation.
These discussions may cause temporary trial delays, but they
are necessary and, in the long run, may shorten the total trial process.
After all the evidence has been presented and the attorneys have made their
final arguments, the judge will instruct the jury about the law which applies
to the particular case being tried. Once the judge has given these instructions,
the case is submitted to the jury. Any jury alternates who have been sitting
on the case will be excused at this time. The jury will retire to the jury
room to begin its deliberation. Please note that this is the first opportunity
for jurors to speak about the facts of the case.
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