The Trial

The Trial

Trial is fundamentally an evidence presentation and authentication procedure.

To prevail in a civil trial, Plaintiff must introduce a preponderance of competent evidence with respect to each disputed allegation in order to prove it.

The Defendant will “object” to Plaintiff’s evidence and the judge will rule on each objection. If the judge “overrules” the objection, the evidence is admitted for the jury to consider.  If the judge “sustains” the objection, the evidence is not admitted into the trial.

Bench Trial (no jury).

Jury Selection.

§Voire Dire.

§Challenges/Pick the Jury.

§Impanel Jury.

§Alternate Jurors.

Opening Statements.

Plaintiff’s Case--Evidence:

Witnesses- Direct examination vs. Cross X.

Admissibility of evidence decided by judge. Parties object to admission of evidence and judge decides, as a matter of law, whether evidence may be admitted into the trial.

Plaintiff’s Case (cont’d).   

Party may impeach the testimony or credibility of opposing witness by showing prior inconsistent statements and/or Perjury.

Defendant’s Case.              

üClosing Arguments.         

üJury Instructions and Deliberations.