Table of Contents
What happens at a hearing or trial?
At hearings, the court relies on written declarations and your arguments. Hearings can determine temporary, agreed, or some procedural matters. The trial is where you give evidence and arguments for the judge to use in making a final decision.
How does a trial end?
Closing arguments. At the conclusion of the presentation of all the evidence there remain two very important steps: closing arguments and the judge’s instructions to the jury.
Who goes first in a trial?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
Who determines if a case goes to trial?
In a trial, the judge — the impartial person in charge of the trial — decides what evidence can be shown to the jury. A judge is similar to a referee in a game, they are not there to play for one side or the other but to make sure the entire process is played fairly.
What happens at a preliminary hearing in a criminal case?
The charge is read to the defendant, and penalties explained. The defendant is advised of his/her right to a preliminary hearing and the purpose of that procedure, as well as his/her right to trial and right to trial by jury in trial court.
How does the trial process work in a criminal case?
The Trial 1. Opening Statements Every trial proceeds in basically the same way. Both parties are seated in the courtroom. 2. Presenting the Prosecution/Plaintiff’s Evidence Opening statements are followed by the case-in-chief. The prosecutor or plaintiff’s attorney again goes first.
What happens at the first hearing in District Court?
If a felony case is bound over from County Court, the first hearing in District Court is Arraignment. At Arraignment, the judge informs the defendant what the charges are, what his or her constitutional rights are, what all the possible penalties are, and the right to a public defender, if eligible.
Who is seated in the courtroom during a trial?
Both parties are seated in the courtroom. In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney . In civil cases, both the plaintiff and defendant, and their respective attorneys, if any, need to be present. The attorneys will begin by making their opening statements .
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