00.080 Trial Procedure

00.080 Trial Procedure The procedure used in a civil trial is generally as follows: First, the attorneys for both sides have the opportunity to make what is called the opening statement to you. This opening statement is not evidence itself. Remember that what the lawyers say is not evidence, but it is a preview or an outline of what they expect the evidence to be. Since the plaintiff has the burden of proof, the plaintiff goes first. Following the opening statements, the plaintiff presents evidence; that is, the plaintiff calls witnesses and introduces any exhibits. The defendant has the right to crossexamine these witnesses. When the plaintiff has presented all his/her evidence, the plaintiff will rest his/her case. The defendant then has the opportunity to present his/her case, which means that the defendant then calls witnesses and introduces exhibits. The plaintiff has the right to cross-examine the defendant's witnesses. After the presentation of all the evidence, the attorneys have the opportunity to make what is called a closing argument or a summation to you. At this time, the attorneys will attempt to point out to you certain parts of the evidence that they think are favorable to their position and try to persuade you to decide the case in their favor. Both sides have the opportunity to make this closing argument. Following the closing arguments, I will charge you more specifically on the law directly applicable to this case. I will then ask you to retire to the jury room to deliberate and reach your verdict. Please remember during the course of this trial to listen carefully to all the evidence. Do not jump to conclusions before all the evidence is presented. Also, please remember that during the course of this trial, it would be improper for you to discuss this case with anyone or to allow anyone to discuss the case with you or in your presence or hearing. You cannot discuss the case with each other in the jury room or elsewhere before actual deliberations begin, and then only in the presence of all twelve of you.