Trial Procedure:

  1. Jury
  1. Pools
  2. Master (must be representative of community; usually from voter registration lists)
  3. Venire (jury pool) – random drawing of names from Master list. May be excused from venire list if not citizens, fail to meet minimum residency requirement, can’t understand English, felon. Other reasons are case by case (hardships or occupational exemptions)
  4. Selection: Voir Dire (“to speak the truth”) – the preliminary examination of jury members leading to selection of a trial jury. Jurors may be excused from service under:
  5. Challenge of Cause –person is excused because the judge agrees that the person has some deep-seated bias (can’t be impartial)
  6. Peremptory challenges – each attorney has a limited number (typically 3) of strikes. He can exercise that right without giving a reason (but it can’t be on the basis of race or gender).
  1. Trial Procedure
  2. Opening statements - the moving party speaks first because he bears the burden of proof (if burden of proof is not met, judge may grant an acquittal or end to the case prior to jury decision). In criminal cases, the prosecution must prove his case beyond a reasonable doubt.
  3. Presentation of evidence:
  4. Direct or Circumstantial
  5. Witnesses and expert witnesses
  6. Rules of Evidence – must be relevant (if murder is charge, can’t bring up his character or prior convictions; unless of course the defendant testifies, then his credibility is fair game). Hearsay generally not admissible.
  7. Prosecutor’s Case-in-Main
  8. Direct examination – moving party questions their witnesses. Can’t ask leading questions (You have never seen this gun before, have you?). Rather, yes or no questions are most common (have you seen the gun before? Yes or No?).
  9. Cross-examination – opposing counsel gets to question witness on matters brought up in direct (typically wants to undermine witness credibility). Leading questions are permissible in cross but not direct examination.
  10. Redirect examination – led by attorney who conducted direct in order to “rehabilitate” the witness. Questions limited to matters brought up in cross.
  11. Plaintiff/Prosecution Rests their case.
  12. Defense’s case in Main
  13. Only the prosecutor is required to present evidence. Accused is innocent until proven guilty. If prosecution fails to meet burden of proof, defense may move to acquit at this point.
  14. Defense also has a say in whether a jury will be used.
  15. If they proceed to examination, same procedure in reverse order.
  16. Closing Arguments - summarize evidence in their favor. Prosecution goes first, then defense, and then the prosecution gets to rebut defense allegations.
  17. Jury Instructions – judge explains to jury what the applicable law is in the case. Here is what you must decide…
  18. Jury Deliberations – jurors meet under orders not to talk about the case with non-jurors. They select a foreman and discuss the case. They may ask for further instructions or to see evidence again.
  19. Verdict – Foreman announces decision (guilty or not guilty; liable or not liable). A hung jury is one who can not reach a verdict.
  20. Post-verdict motions – Defense may move that the jury is unreasonable or that the judge made mistakes in handling the case asking for a new trial.