Structure of a Trial Pre-Trial Motion: Motion filed according to a court’s scheduling order, prior to beginning of a trial, on a particular legal issue likely to come up during trial o Motion in Limine Gives jurors a preview of what the evidence will show and focus on whether or not info is admissible under FRE. o Motion to Suppress Certain Evidence Party claims opponent’s evidence was illegally obtained. If granted, under the Exclusionary Rule, the opponent cannot use that evidence at trial. o Summary Judgment Civil argument that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. If a key piece of P’s evidence is inadmissible, then SJ for D may be appropriate. Jury Selection: Before a trial formally begins, the parties must select a jury. o This process is a Voir Dire: “Tell the truth” or “give a true verdict.” o Parties don’t present evidence during that process Opening Statements: Before presenting evidence, each side offers an opening statement to the jury. o Each statement gives the jury… An overview of the evidence the party intends to present Why the jury should discount evidence presented by the opposition o The party who bears the burden of proof delivers the first opening statement. Prosecution’s/Plaintiff’s Case: After opening statements, P/prosecutor presents case to the jury with all evidence that comprise their case o Examination + cross-exam of witnesses follow certain rules o Others govern process of objecting to evidence + defending admission of that evidence. Defendant’s Case: D presents their case to the jury and calls witnesses/introduces evidence. o Criminal Ds sometimes choose not to present a defense o Offering evidence could open them to damaging cross-examination or impeachment. Rebuttals/Rejoinder: P/Prosecutor may call new witnesses/introduce new evidence o Those witnesses and evidence must focus on issues raised by D only. o They might introduce evidence to discredit one of D’s witnesses. o D must respond to the new evidence produced in the preceding phase rather than revisiting their original case. Closing Statements: Both sides sum up their arguments in a closing statement. o Offer the jury a framework for assembling the evidence + delivering the verdict. o Lawyers do not call witnesses or introduce evidence but can use demonstrative evidence. o Also can display docs + real evidence admitted during the trial. Instructing the Jury: Judges instruct the jury after closing statements o Most instructions include directions about how to handle evidence. Deliberations and Verdict: After receiving instructions, jury retires to deliberate. o Judges exercise discretion over what evidence jurors may take to the jury room. o Trial then concludes with jury’s verdict and court’s entry of judgment on the verdict. RAISING AND RESOLVINNG EVIDENTIARY OBJECTIONS Overview FRE places the burden on the parties to ID defects and defend admissibility of evidence Parties MUST object to + defend evidence that allows a judge to rule quickly and correctly Inadmissible evidence may taint a verdict – Must shield jury from potentially defective evidence Most evidentiary disputes are resolved at trial o Rarely will an appellate court reverse trial judge’s evidentiary ruling because… They exercise an abuse-of-discretion standard to most claims of error, and Most evidentiary rulings don’t impact the outcome of the case
