Trial Procedures
Trial Trial by Jury Opening Statements and Trial Procedures
Introduction to Trial Procedures
In the United States
The opening remarks to the jury, in many jurisdictions, can be waived in both civil and criminal cases. If not waived, it is customary for the attorney for the plaintiff in a civil case and the prosecuting officer in a criminal case to make the first opening address to the jury, which consists of a statement of what the plaintiff or the prosecution intends to prove. The defendant’s attorney then makes an opening address to the jury, which consists of a similar statement as to what proof will be adduced on behalf of the defendant. In criminal cases, a number of jurisdictions, the opening address on behalf of the defendant is not made until the prosecution has completed its part of the case.
After the opening addresses, it is incumbent upon the plaintiff in a civil case and the prosecution in a criminal case to substantiate the allegations set forth in the plaintiff’s complaint or the various charges made by the indictment in a criminal case by the introduction of such proof as may be available to them (see Evidence). The examination of the witnesses called by either of the parties is called direct examination; examination by opposing counsel is called cross-examination. In a civil case, the plaintiff must at the outset sufficiently prove the allegations of the complaint to require the defendant to adduce controverting testimony. In the event that the plaintiff fails to make out such a prima facie case, the court may, upon motion of the attorney for the defendant, dismiss the case for failure of proof.
If a prima facie case has been made out by the plaintiff, the defendant has the choice of either resting the case without offering any testimony or producing any proof before the jury. In a criminal prosecution, the burden is upon the state or other prosecuting agency first to establish by its proof that the defendant is guilty of the crime or crimes charged in the indictment beyond a reasonable doubt. In the event that no proper proof is produced, defendant’s counsel, at the end of the state’s case, may make a motion to dismiss the indictment, and if the requirement with regard to the degree of proof has not been satisfied by the prosecution, the court must dismiss the indictment; upon such dismissal, the prosecution is terminated completely.” (1)
Resources
Notes and References
- Information about Trial Procedures in the Encarta Online Encyclopedia
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