The Trial

Opening Statements

Civil and criminal cases begin with the delivery of opening statements by the lawyers for the plaintiff and the defendant.  Each lawyer will explain the case, their client’s position, the evidence that they expect to present during the trial to support their claims and defenses, and the issues that you will be called upon to decide.  These statements are not evidence and should not be considered as such. 

Presentation Of Evidence

After the opening statements, the parties will present the evidence to the jury.  The evidence consists of the testimony of the witnesses and the exhibits presented and admitted at the trial.  These exhibits are also available to the jury for further examination during the jury deliberations. Since you will be asked to make your decisions based upon all of the evidence admitted during the trial, it is very important that you give the court your strict attention during the entire proceedings.  The judge will also let you know whether you will be allowed to take notes during the trial.

Rulings By The Judge

During the trial, the judge may need to address certain issues of law with the lawyers outside the presence of the jury.  As a result, the judge may occasionally ask the jurors to leave the courtroom to allow the lawyers to make their legal arguments.  Remember that these periodic interruptions are important and necessary to ensure that the jury’s verdict is based upon proper evidence, as determined by the judge under the Rules of Evidence.

Instructions To The Jury

At the close of all the evidence, the judge will give the jury detailed instructions that identify the issues to be determined and the applicable laws in the case.  The Charge of the Court will include a series of questions that the jury must answer after considering all of the evidence admitted during the trial.  Remember that while the judge determines issues of law, the jury must decide issues of fact and apply those facts to the law. Listen carefully to the instructions as they will guide your deliberations.

Closing Arguments

Closing arguments give the lawyers for the parties the opportunity to make their final plea to the jury to explain why they believe their client should prevail.  The lawyers may summarize the evidence and to try to persuade the jury to accept their client's view of the case.  While you should listen closely to the closing arguments, remember that what the lawyers say is not evidence.  You should not make up your mind until you have heard all of the closing arguments and have had the opportunity to deliberate with your fellow jurors about the case.

Deliberations And Verdict Of The Jury

At the conclusion of the trial, following closing arguments and jury instructions, the jurors will leave the courtroom and go to a jury room to begin deliberations.  After reviewing the evidence at trial, the jury must decide how to answer the questions that were submitted to them by the court and return a verdict.  The verdict must be based solely on the evidence presented by the parties, the Charge of the Court, and the rules of law provided by the judge.

During deliberations you may communicate with the judge concerning any matters that affect your deliberations including any physical discomfort, special needs, or questions regarding the evidence or the Charge of the Court. A bailiff or an officer of the court will deliver notes to the judge on behalf of the jurors.