TRIAL

A trial is a formal hearing of the facts of a case

by a judge or jury,

where the determination is a made of those issues according to the applicable law.

TRANSCRIPT

STIPULATIONS

CONFERENCES

TRIER OF FACT

ATTORNEY-JUDGE CONFERENCES

IN CAMERA

MOTION IN LIMINE

SIDE BAR DISCUSSION

IN CAMERA

Attorney-Judge conference

In the privacy of the judge's chambers or in a courtroom closed to the jury and spectators.

MOTION IN LIMINE

SIDE BAR DISCUSSION

SEQUENCE OF A JURY TRIAL

Phases in a trial:

Plaintiff's case in chief

Defendant's case in chief

Rebuttal

Surrebuttal

Not to be confused with the phases of examination of a witness:  Direct examination, Cross-examination, etc.

OPENING STATEMENTS

An opening statement is a summary of the attorney's entire case made in order to orientate the judge or jury about what to expect during the trial.

Explanation:  Each attorney delivers his or her opening statement.  He or she describes the case, evidence expected to produce, and any other material helpful for the jury.  Enables the jury to understand what is likely to occur during the tril and find it easier to follow the flow and the introduction of evidence.

Example:  Matt represents the plaintiff and summarizes his case as he sees it.  Mary, attorney for the defendant, then presents a summary from her perspective.  The jury now has a brief summary of the cases from both points of view.

CASE IN CHIEF

The case in chief is that part of a trial where a person who  has the initial burden of proof presents the evidence of his or her case.

Explanation:  There are normally 2 cases in chief in a trial.  In a civil trial the plaintiff has the initial burden of presenting all of the elements of his case.  After presenting all of the evidence, the plaintiff rests.  This portion of the trial is the plaintiff's case in chief.  The defendant now presents his or her case in chief - which is usually the affirmative defenses.  The defendant has the burden of proving any affirmative defenses.  After presenting the case in chief, the defendant rests. 

Example: 

REBUTTAL

The rebuttal is that portion of the trial where the party introduces evidence to counter or defeat evidence introduced by the other party. 

Explanation:  Usually rebuttal is offered by the plaintiff to counter any unusual evidence presented by the defendant during his or her case in chief.  Once the plaintiff has rested his or her case, he or she is not allowed to reopen the case.  However, the judge has the discretion to allow the plaintiff to present new evidence.  This "second attack" is only permitted for the very limited purpose of rebutting new evidence presented by the defense.  The defendant must have introduced new material that (1) was not discussed during the plaintiff's case in chief, and (2) should not have been expected by the plaintiff.

The purpose is to give a more orderly presentation to the jury.  Also prevents a plaintiff from unduly surprising a defendant.   After the defendant has rested, the plaintiff can't suddenly and dramatically introduce damaging evidence at the very end of the trial.

SURREBUTTAL (Case)

The surrebuttal is that portion of the trial where the party introduces evidence to counter or defeat evidence introduced by the other party during rebuttal.

Explanation:  Usually surrebuttal is offered by the defendant to counter any new evidence presented by the plaintiff during his or her rebuttal.  Surrebuttal is bound by the same rules as rebuttal.  it is allowed only if there was prior rebuttal and it presented new testimony.

Example: 

CLOSING ARGUMENTS

The closing arguments are the last arguments made by the attorneys to the judge or jury.  They are designed to persuade the trier of fact of what was proven and how it should rule.

Explanation:  After all the evidence has been presented, each attorney has his or her last discussion with the jury.  (In most states, the plaintiff or prosecutor presents his or her arguments, followed by the defendant, and concluded by the plaintiff or prosecutor again addressing the jury.  These statements are not evidence but pure arguments.  Summarize what evidence was presented, argue how that evidence should be interpreted, and ask the jury to find for that party.

CHARGE TO THE JURY

The charge to the jury is the last thing the jury hears before deliberations, and it is made by the judge as he or she instructs the jury on the law and the procedure it must follow.

Explanation:  juries are made up of lay people unfamiliar with the law.  the judge instructs the jury on the procedures it must follow.  He also explains the law tht juries must consider in its deliberations.

Explain the law of tort, negligence, and contributory negligence.  How to deliberate and reach its verdict.  Where the jury will meet to decide the case and how it will vote for a foreman.

JURY INSTRUCTIONS

The jury instructions are that part of the charge to the jury that tells the jury what the law is and how to apply it.

Explanation:  The jury instructions are statements of the law which the jury most follow.  Usually, the judge reads the law from specially approved books of jury instructions. California book is called:

Additionally, attorneys will sometimes want special directions about a particular point of law (special charge) read to the jury.

ADMONITION

The admonition is a strongly worded caution by the judge to the jury directing it to follow his advice.

Explanation:  The judge will always admonish the jury to follow his or her instructions and not to deviate.  The judge will admonish the jury that it is illegal to apply any law but that which he read.

Example:  Gwen asks the judge to admonish the jury that it is not to discuss this case with anyone else.  The judge gives the jury this admonition.

JURY DELIBERATION

Jury deliberation is the gathering of the jury in a separate room to evaluate the evidence and decide the issues in the case.

Explanation:  In the jury room, the jurors will consider all the evidence and discuss the case among themselves.  They try to reach a collective decision as to the guilt of innocence of criminal defendants and decide the winners and losers in civil cases.  This evaluation by the jury is called deliberation.  Jurors may only consider the evidence that has been presented during the trial and may not rely upon their own knowledge or ouside information.

BURDEN OF PROOF

The burden of proof is the duty to establish sufficient evidence to convince the trier of fact of the plaintiff or defendant's version of the facts in the case.

Explanation:  The burden is the duty to persuade the trier of fact.  If the trier of fact is not convinced by the evidence, the trier of fact will rule against the party.  The burden of the plaintiff in civil cases is only by a "prepondence of the evidence."  In criminal cases, the burden of the prosecution is "beyond a reasonable doubt." 

PREPONDERANCE OF THE EVIDENCE

The preponderance of the evidence is the burden of proof required by the plaintiff in civil cases and requires a majority of the evidence.

Explanation:  Courts sometimes balk at the words "majority of the evidence" or 51% of the evidence."  However, in practice, such terms seem descriptive and mean that one party has the weight of the evidence.  The trier of fact must find that one version is more likely than another.

BEYOND A REASONABLE DOUBT

Beyond a reasonable doubt is the burden of proof required by the prosecution in criminal cases and requires that the trier of fact not have any reasonable doubts about the defendant's guilt.

Criminal trials require a far higher burden that civil trials.  The jury must be fully satisfied and completely convinced that the defendant committed the crime to find him or her guilty.