What happens at a trial?

After litigating any pretrial motions, lawyers select a jury to hear the case. Through a process known as voir dire, the judge and the lawyers question potential jurors about their ability to be fair and impartial in your particular case. Jurors who do not meet that standard are excused. The lawyers may also excuse a certain number of jurors for no reason at all.

After a jury is selected, the lawyers make opening statements designed to preview the evidence the jury will hear during the trial. The prosecutor makes an opening statement first. The defense attorney can then do one of three things: Make an opening statement; reserve the right to make an opening statement until after the prosecution rests its case in chief; or waive the right to make any opening statement at all.

The prosecution then presents its case in chief by calling its witnesses and asking them questions on direct examination. When the prosecutor finishes asking a prosecution witness questions, the defense attorney is then allowed to cross-examine the witness to ask their own questions. When the defense attorney finishes, the prosecutor can ask the witness follow-up questions, after which the defense attorney can ask additional follow-up questions. This process continues until there are no further follow-up questions to be asked. After the prosecution presents all of its evidence in its case in chief, it rests.

The defense then has an opportunity to call defense witnesses, and the questioning process reverses. The defense asks the witness questions first, and then the prosecution asks. The defense will ask its follow up questions, and then the prosecution will follow, repeating until there are no further questions. Then the defense rests its case in chief.

It is important to remember that the defendant has no obligation to testify or to call any witnesses on his or her behalf. The defendant is presumed innocent and the prosecution has the burden of proving guilt beyond a reasonable doubt to a unanimous jury.

After the defense rests its case in chief, the prosecution may present a case in rebuttal by calling rebuttal witnesses. After the prosecution rests its case in rebuttal, the defense may present a case in rebuttal by calling its own rebuttal witnesses.

After both sides finally rest, the prosecution makes a closing argument to the jury. The defense attorney then makes a closing argument after which the prosecution may make a rebuttal argument. The judge then instructs the jury on the law and the jury retires for deliberations and, if possible, renders a verdict.