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Pretrial (Criminal/Civil)

• Law encourages people to settle their disputes out of court.
• If they cannot settle, a trial will begin and jury will be selected.

Jury Selection

• All the people who are summoned for jury duty will be taken into a court room and 12 names will be drawn
• The 12 chosen names will be taken to the jury box.
• The jurors will be told the names of the parties, the attorneys, and the subject matter of the case
• The judge and attorneys then question each of the 12 possible jurors.
• Based on the questioning (to make sure the person can be impartial), the juror will be selected or excused
• Once the jurors are chosen, the jury panel is sworn

Trial

Opening Statements

• The trial begins with an opening statement from each party
• The person suing will go first by telling the jury what they intend to prove
• Criminal Trial: Prosecution
• Civil Trial: Plaintiff’s attorney
• The attorney for the Defendant will then speak, or may speak after the other side presents its evidence

Evidence

• The party that is suing will present its evidence.
• This may consist of calling witnesses, bringing in letters, papera, weapons, photos, diaphragms or any other exhibit needed to prove its case
• If a party calls a witness to testify, the opposing side will also be able to question that same witness (cross-examination)
• This will be the longest part and will consist of lots of facts and observations about the matter

Closing Statements

• Each side takes turns summing up the case
• They will tell the jury what he/she believes the evidence shows and why the jury should get a verdict in their favor

Instructions to the Jury

• The Judge will instruct the jury what to do by providing the law that applies
• The jury will be then moved to the jury room where they will deliberate with one another in order to reach a verdict (decision)
• While in the jury room, the first task will be to assign someone as the “foreperson” ( This person will lead the discussions.)
• Every opinion matters so it is important that everyone have input

Criminal Cases: all jurors MUST agree on the verdict

Civil Cases : it takes 3/4  of jurors to reach a  verdict

The Verdict

• Reaching a decision will take a few hours or a few days
• Once a decision is reached, the foreperson will record the verdict on an official form
• The bailiff will inform the judge, and jury will return to the jury box
• The foreperson will then be asked to hand the written verdict to the clerk who will then read the verdict aloud and mark accordingly

Post Verdict

• In a Criminal case the defendant is usually remanded while the appeal process occurs and awaits sentencing. If bail has been arranged the defendant will be asked to surrender their passport and in many cases surrender any weapons they own, until the appeal is completed.
• In a Civil case after the verdict is confirmed the Court decides and hands down the penalty for the offense.  Based on the penalty the defendant will usually have to pay af fine or restitution as defined in the complaint and rendered by the Jury and agreed to by the Court. It is the Plaintiffs responsibility to collect the award.