Chapter Seventeen
The Trial
Trial Participants
 Judge
 Plaintiff’s Attorney
 Defendant’s Attorney
 Court Reporter
 Court Clerk
 Jury
 Court Deputy/Bailiff
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Pre-Trial Motions

Motion for Summary Judgment/Adjudication

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May be on all issues, or just a few. Those issues not
included/adjudicated in motion remain for trial.
Motions in Limine

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Evidentiary issues
Amending the complaint
Trial procedure issues
Etc.
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The Trial Brief
A written document that might contain a
summary of the facts, issues, rules and
analysis used by a court and a
comparison with a client’s facts
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Jury Selection
(some vocabulary)
Jury Questionnaire
 Jury Panel
 Voir Dire
 Excused for Cause
 Peremptory Challenge

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Burden of Proof
(civil case)
The burden of proof is on the Plaintiff
The Plaintiff must prove:
 that a civil wrong was committed and
 that a preponderance of the evidence
shows that the defendant is liable for that
wrong
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Burden of Proof
(criminal)
In a criminal case, the prosecutor must
prove:
1. that a crime has been committed
and
2. that the evidence shows that the
defendant is guilty beyond a
reasonable doubt.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Plaintiff’s Role at Trial
Opening
Statement
 Examination of
Witnesses
 Redirect
Examination
CrossExamination
 Closing
Argument

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
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Defendant’s Role at Trial
Opening
Statement
 CrossExamination
 Examination of
Witnesses
Redirect
Examination
 Closing
Argument

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
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Motions During Trial

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Mistrial
Motion for Nonsuit (on all or some of the claims)
 Defendant is only party able to bring this motion
Motion for Directed Verdict (either party)
Voluntary dismissal
Amend pleadings to conform to proof
Recess/continuance
Reopen Case in Chief
Contempt
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Jury Instructions
Jury instructions provide jurors with the
law applicable to the claims and defenses
presented in a particular case. The jury is
then bound to accept and apply this "law"
to the facts (as it determines from the
evidence) in arriving at a verdict.
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Jury Deliberations
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Deliberations take place in private
Sometimes juries are sequestered
In most cases the jury reaches a
decision
Once the jury reaches a verdict, the
court reconvenes
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Upper Saddle River, NJ 07458. • All Rights Reserved.