1. Opening Statements
The case starts with opening statements by each side that tell the judge or jury something about the case and what they will be hearing. Each side says what their evidence will prove. Whoever started the case goes first.
2. Proving Your Case
After the opening statements, the party that started the case tries to prove his or her case first by having witnesses testify and submitting evidence. Then it is the other side’s turn. The party that started the case gets one more chance to put on witnesses to respond. Everyone who testifies must swear to tell the truth. Both sides have a turn to ask each witness questions. Sometimes the judge asks questions.
Objections
A party can object if he or she thinks there is a reason why the testimony or the document should not be allowed by the Judge. A party should not object just because he or she disagrees with it. A party can object if:
- the witness is only repeating what someone else told him or her (this is called hearsay),
- the testimony or document has nothing to do with the case (this is called irrelevant),
- a document is not certified or an original or has been changed.
If a party has an objection he or she interrupts the trial and says, objection. The judge decides whether to grant or deny the objection. If the judge agrees with the objection, the judge says sustained. If the judge disagrees with the objection, the judge says overruled.
3. Closing Arguments & Decision
After both sides rest their cases, the parties can make closing arguments to the judge or jury to point out the facts most favorable to the claims. If there is a jury, the judge tells the jury about the law that should be used to make its decision and what level of proof is needed. The jury’s decision it is called the verdict. If the jury’s verdict is for the plaintiff or petitioner, the jury may also say how much money the defendant or respondent must pay in damages, if this was a question for the jury to decide. If there is no jury, the judge makes a decision. The decision can’t be enforced until a judgment is entered. Read more about Judgments (link to judgments section).
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