At the Drexler Law Firm, we pride ourselves in our depth of experience with jury trials and we also pride ourselves in being lawyers who continue to educate and inform our clients about the legal process. So while for us going to trial is a normal part of what we do, we understand that for our clients it can be an extremely stressful time in their life. In order to ease apprehension that might be surrounding the process, we’ve put together 10 simple things you can expect from a jury trial.

 

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1. Pre-Trial

As the trial date approaches, your attorney’s workload increases dramatically as both sides get ready to present their evidence before the judge and jury. The preparation of Motions in Limine is the pre-trial phase which usually includes depositions of expert witnesses and discussions between the opposing attorneys regarding evidentiary issues.

2. Motions in Limine

(limb-in-nay) n. from Latin for “threshold”

A motion made at the start of a trial requesting that the judge rule in advance regarding what will be permissible as evidence in trial. For example, the motion can ask that the judge would not allow any information that might be irrelevant, unreliable, or prejudicial.

These written motions are prepared by your attorney and will be argued in front of the judge before your trial starts. A commonly argued Motion in Limine in a civil case has to do with evidence that is particularly harmful/prejudicial to one side but may have some probative value. Both sides will present their argument and the judge will decide what the jury may be able to see/hear at the trial.

3. Preparation

Preparation work is arguably the most important part of the trial.  If you and your attorney are committed to presenting your case to a jury, you must be 100% ready and confident in your testimony.  Plan to meet with your attorney multiple times to rehearse so that you do the best job and withstand cross examination by the adversary’s attorney.

4. Voir Dire

[Old French, To speak the truth.]

Voir Dire or Jury Selection is the process of the attorneys asking questions of those in the jury pool to select fair impartial jurors. The questions usually range from occupation to family dynamic to whether a potential juror has had a similar experience as your client to if anyone knows the attorneys involved in the trial.
In Superior court, attorneys have 6 peremptory challenges each, through which they are allowed to excuse jurors who seem to be biased in some way.  This is an extremely important part of the jury trial process as it gives your attorney a chance to learn a little about the personalities of the jurors and when the process is completed, those 12 remaining people will be the ones to listen to and weigh the evidence presented in your case.

5. Opening Statement

By Each Attorney

Depending on the Judge and the complexity of the case, each party’s attorney is allowed between ten to thirty minutes (on average) to tell the jury what evidence at trial is expected to prove. In a word, it is a road map, but the jury is admonished that the opening statements by the trial attorneys are not to be considered as “evidence”.

6. Direct Examination & Cross Examination

of Witnesses and Presentation of the Evidence

As guaranteed by the Constitution we, through our counsel, have the right to present our case and our evidence through the sworn testimony of witnesses. The process of attorneys questioning witnesses is called direct and cross examination. Direct examination is when your own attorney asks you and your witnesses questions. Cross examination is when your attorney asks questions of the witness on the adverse side of the case.

7. Jury Instructions

Jury Instructions are essentially a set of rules that jurors should follow when deciding on a case. Before and during the trial, the attorneys for the litigating parties draft and present jury instructions for approval. Once approved, these written instructions are provided (verbally and in writing) to the jury at the conclusion of the presentations of the evidence so the jurors may be guided on how to apply the facts and evidence to the law which is concisely explained in each separate jury instruction.

8. Closing Argument

Each party’s attorney is allowed to present closing argument to the jury at the close of the presentation of evidence. Most Judges permit the respective attorneys some leeway in their efforts to persuade the jury that their side should prevail on the merits of the case.

9. Jury Deliberations And Verdict

Following the conclusion of the Closing Argument, the Judge reads the jury instructions and orders the jury to retire to deliberations, all together, in a private room (the jury room) to reach a verdict. Once a verdict is reached (unanimously, in a federal or criminal case; 9 of 12 in a civil case in California), the Judge will ask the Court Clerk to read the verdict aloud in the courtroom.

10. Appeal

In most cases, the losing party has the right to appeal a verdict based on certain limited grounds such as judicial error or misconduct by the jury or the responding attorney. Once the appellate process has run its course, the verdict will either be affirmed, reversed/vacated or remanded back to the trial court for further determinations.

Disclaimers:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your case being time-barred.