trial
Following the resolution of pre-trial matters and motions, jury selection will begin if one of the parties asked that the dispute be heard by a jury. The jury is chosen from a group of randomly chosen citizens from the community. If the lawsuit is brought in state court in Seattle, the potential jurors will all be registered voters and residents of King County. If the lawsuit is brought in Seattle, but in federal court, the potential jurors will be registered voters and residents of western Washington. The process of jury selection involves a practice known as voir dire. During voir dire, members of the jury pool are questioned about their backgrounds and possible biases so that the case may be determined by an impartial jury.
Once a jury is selected, lawyers for the parties make their opening statements. The purpose of opening statements is for the plaintiff and defendant to tell the jurors something about the case. Opening statements are technically supposed to be confined to the facts that will be proved by the evidence and cannot be argumentative. However, some judges allow lawyers to be more aggressive with their factual statements than others.
After opening statements, the plaintiff presents its case-in-chief. The plaintiff bears the burden of proof which means the plaintiff must, by a preponderance of the evidence, demonstrate the facts necessary to establish its claims. The defendant is given the opportunity to present its evidence following the completion of the plaintiff’s case-in-chief. When the defendant is finished presenting its evidence, the plaintiff can present rebuttal witnesses or evidence to refute evidence presented by the defendant. However, rebuttal evidence relates only to evidence not initially presented in the plaintiff’s case.
After the defendant presents its evidence and the plaintiff presents its rebuttal evidence, the parties are given an opportunity to present closing arguments. The closing arguments discuss the evidence presented at trial and properly drawn inferences from that evidence. The lawyers cannot talk about issues or evidence that was not presented and admitted at trial.
After closing arguments, the judge instructs the jury about the relevant laws that should guide the jury’s deliberations. In giving the jury instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors. The judge also informs the jury that it is the sole judge of the facts. After getting the jury instructions from the judge, the jury begins deliberations. When the jury reaches a decision, it is announced and a judgment on the verdict is entered.
Once a jury is selected, lawyers for the parties make their opening statements. The purpose of opening statements is for the plaintiff and defendant to tell the jurors something about the case. Opening statements are technically supposed to be confined to the facts that will be proved by the evidence and cannot be argumentative. However, some judges allow lawyers to be more aggressive with their factual statements than others.
After opening statements, the plaintiff presents its case-in-chief. The plaintiff bears the burden of proof which means the plaintiff must, by a preponderance of the evidence, demonstrate the facts necessary to establish its claims. The defendant is given the opportunity to present its evidence following the completion of the plaintiff’s case-in-chief. When the defendant is finished presenting its evidence, the plaintiff can present rebuttal witnesses or evidence to refute evidence presented by the defendant. However, rebuttal evidence relates only to evidence not initially presented in the plaintiff’s case.
After the defendant presents its evidence and the plaintiff presents its rebuttal evidence, the parties are given an opportunity to present closing arguments. The closing arguments discuss the evidence presented at trial and properly drawn inferences from that evidence. The lawyers cannot talk about issues or evidence that was not presented and admitted at trial.
After closing arguments, the judge instructs the jury about the relevant laws that should guide the jury’s deliberations. In giving the jury instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors. The judge also informs the jury that it is the sole judge of the facts. After getting the jury instructions from the judge, the jury begins deliberations. When the jury reaches a decision, it is announced and a judgment on the verdict is entered.