What are the steps in the course of a trial?

Answer 1

They are different in a civil vs criminal trial, and different again based on country and legal system.

In a civil trial -- first a complaint by the plaintiff, then a response or objection (demurrer) by the defendant -- then various motions and discovery and tactical snarls -- possibly mediation and/or settlement attempts -- then eventually a trial.

In a criminal matter -- first arraignment (notification of charges) and bail hearing -- then various pre-trial matters, usually about what evidence can come in -- then eventually a trial, the jury is picked, evidence presented for the prosecution, then evidence by the defense, then a verdict, then sentencing if convicted.

Within each of these stages, there are lots of details -- enough to fill several large volumes, which you can find in any lawschool or court library.

Answer 2

The identity of the defendant is confirmed for the record, along with whatever is the nature of his wrongdoing.

Opening arguments, in which first the Prosecution, followed by the Defence, present the basis of their position. The Prosecution (The People) outline the crime, and the evidence they say will prove that the defendant is guilty. Then the Defence will present a brief counter, basically telling the members of the Jury that there is an alternative set of facts which show their client is NOT guilty.

Then the serious presentation of the case, first by the Prosecution, bringing out all the evidence, exhibits etc, and questioning the prosecutorial witnesses. The Defence then has its turn to bring out its own witnesses that are supposed to counter the prosecution; and challenging the interpretation of the evidence and the claims of the prosecution witnesses.

At the end of the Prosecution and the Defence presentations, the opposing counsel, of course, has the opportunity to cross-question one another's witnesses, and the other side can if they feel necessary come back for rebuttal and clarification.

Finally, when all that has been done, both sides give the Final Argument. This time, the Defence goes first and basically re-enforces the claim that their client is innocent, and attempting to discredit the prosecution's case. Lastly, the Prosecution reiterates its own case in short form, and declares that the only rightful verdict is one of Guilty.

Both sides having closed, the Judge finally instructs the jury as to how they are to deliberate the case, reminds them of what they may, or may not consider, and instructs them not to discuss or even raise any issue about the case either with an outsider, or even within their own circle, except where all of them together are deliberating. In other words, you and one other fellow juror cannot go to lunch together and have a conversation between yourselves about the case.

That just about covers it, and everyone then goes home, or hangs about waiting for it to be announced that the Jury has in fact, reached a Verdict, and all relevant parties troop back into the courtroom to hear it.

Answer 3

STEPS IN A TRIAL


1. Selection of a Jury
Jurors are selected for a courtroom from the pool of available jurors. The judge and attorneys question the jurors in a process called voir dire (vwar deer) "to speak the truth." to determine if any juror has a personal interest in the case, a prejudice or bias that may wrongly influence him/her as a juror. The attorneys may challenge some jurors and ask the Court to excuse them from the trial. There are two types of challenges; challenge for cause and peremptory challenge. Although peremptory challenges are limited in number, each side has an unlimited number of challenges for cause.

2. Opening Statements
Each side may outline the proof to be presented to the jury during the trial. Opening statements are not evidence, only expectations of what each side expects the evidence to prove.

3. Presentation of Evidence and Testimony of Witnesses
The plaintiff's or prosecution's case is presented first. As each witness testifies, the side that called the witness asks questions in direct examination. Then the side that did not call the witness has an opportunity to ask questions in cross examination. Physical evidence, such as documents, weapons or photographs are admitted into evidence and numbered for identification.
During the trial, if one attorney objects to a question, he presents his objection to the judge. These are questions of legal technicality and may be argued out of your hearing. Do not be concerned. The judge will advise the jury of any information you need to make your decision, or instruct you to disregard what should not be considered. A ruling by the judge to sustain or overrule an objection does not mean that the judge is taking sides. He is applying the law which permits or does not permit the question to be asked or the answer to the question.

When each side has presented all their evidence, they "rest" their case.


4. Closing Arguments
The attorneys summarize the evidence and try to persuade the jury to find in favor of their client. The plaintiff has the burden of proof and therefore has the opportunity to open and close the arguments.

5. Presentation of Jury Instructions (Charging the Jury)
The judge reads the instructions of law to the jury, defines the issues the jurors must decide and informs them of the law that governs the case. Jurors may not decide cases based on the laws as they would like them to be but must reach a verdict on the laws as they are. This is your sworn duty.

6. Deliberation
The jury retires to the deliberation room to consider the case and reach a verdict. The jury first elects a foreperson who will see that discussions are conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question during their deliberation, they may write it down and have the bailiff deliver it to the judge.
When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors.

Answer 4

If a jury is empaneled, jury selection.
Opening statements, the defense may defer their opening until after the prosecution rests.
Direct testimony of prosecution witnesses. Upon completion of prosecution testimony, the defense then calls their witnesses.
Rebuttal witnesses, if any follows.
Then closing statements.
The judge then instructs the jury.
The jury deliberates, and if reach an unanimous decision, the verdict is read in court. If the jury is unable to reach a decision, it is "hung" and a new trial may follow.
If the jury votes not guilty, the defendent is freed.
If the jury convicts, there may be further testimony regarding sentencing and the jury then sent to deliberate a sentence.
Or in some cases, the judge solely renders the sentence.

Answer 5

Here is a quick look at the procedure:

Pretrial discovery to disclose the facts
a pretrial order to list witnesses, exhibits to be offered in evidence and provide other information about the trial
the setting of a trial date
selection of a jury (if a jury trial)
swearing in of the jury
Opening statements to the jury
Plaintiff puts on its evidence then rests.
Defendant makes a motion to dismiss or nonsuit the case which the judge ordinarily denies or holds without deciding
Defendant than puts on its case
Another round of motions
Plaintiff offers rebuttal evidence, if any
Defendant does same
Judge has charging conference with attorneys
Plaintiff makes summation to jury
Defendant does the same
Judge charges jury with the law applicable to the case
Jury retires to deliberate with all of the exhibits in evidence
Jury has discussions and votes, and can ask for evidence to be re-presented to them (such as reading of particular parts of testimony)
Jury announces it has reached a verdict
Judge examines verdict
Judge reads verdict in front of jury, parties and their counsel
Judge polls jury to see if they agreed with the verdict
Judge thanks jury for their work
Lawyers usually then free to talk with jurors
Judge and clerk enter a judgment in accordance with the jury's verdict (unless motions made to enter a judgment in spite of the verdict).
Losing side can make a motion for a new trial or other post-judgment relief
Within 30 days (usually, depending on various motions and state law), a notice of appeal can be filed by either side or both sides.
Case then goes up on appeal.

Answer 6

arraignment:
-the court advises you of the charges against you
-defendant enters his/her plea... official response to these charges
if guilty, then date is set for jury selection (as necessary) and trial

jury selection...
trial:
opening arguments

prosecution presents evidence and witnesses, defense has opportunity to cross-examine any evidence/testimony/witness that is presented.
redirect-prosecution gets to revisit to clarify or further explore anything brought about by cross-x
prosecution rests

defense presents evidence to challenge the case mounted by the prosecution (see above for general flow).

when defense rests, both sides present their closing arguments, and the judge gives instructions to the jury.
the jury retires to deliberate based only on the facts in evidence.
when jury reaches a verdict, they notify the judge, court reconvenes, and verdict is read (sometimes the jury is polled to determine who voted which way if vote is not unanymous)...

if guilty, then date for sentencing is set...

sentencing- the hearing where any penalty is assigned (i.e. probation, jail/prison, etc.)

there are certainly other "pieces" that may be involved in the process (i.e. appeals, etc.), but this is the basic stuff

Answer 7

sit there. wait. listen to the judge talk about some random bullsh!t. sit some more. get sentanced. hopefully go home..