What Happens If The Case Proceeds To Trial Part III
March 2, 2015
Firstly, the originally-scheduled trial date will usually be rescheduled several times, which can be frustrating for both sides. However, eventually the case does proceed to trial.
Secondly, jury selection occurs in which the court and the plaintiff and defense attorneys select jurors who they believe will be fair and impartial.
Then the plaintiff’s attorney will make a brief opening statement outlining the facts of the case, and the defense attorney will thereafter do the same.
After that, the plaintiff goes first and presents his own testimony, and also the testimony of witnesses as to the accident or incident which caused the injuries, and then presents his witnesses as to the effects the injuries have had upon the plaintiff.
The defendant then presents his own testimony (sometimes) and the testimony of his witnesses as to the accident, and the experts his attorney has hired.
After that, the attorneys do closing statements, or summation as they are called. In this sequence, the defense attorney goes first, and the plaintiff’s attorney goes last. The summation is each attorney’s review of the case, along with his argument as to why his client should win.
Lastly, the judge instructs the jury on the applicable law, and the jury deliberates and returns its verdict. The case is then concluded. Of course either side may appeal the case if he feels that something was unfair about the way the trial was conducted.