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What Happens At Trial?

A: If the case does not settle, the parties proceed to trial. A jury makes factual findings as to whether the defendant is liable to the plaintiff, and if so, how much in damages the defendant must pay to the plaintiff. There are several steps in the trial process. In general, the parties select a jury, give opening statements, present evidence, and give closing arguments to the jury.

During the presentation of the evidence, the plaintiff must make a “prima facie” case, that is, prove the basic elements of the claim. In a negligence action, this means the plaintiff must introduce evidence which establishes the duty of the defendant, shows that that duty was breached, that it was a proximate cause of the plaintiff’s damages and injuries, and the nature and extent of those damages and injuries.

After the plaintiff presents his case, the defendant can move to strike all or part of the plaintiff’s case. The motion will be granted if the plaintiff has failed to establish the elements of his claims. If the motion is denied, the defendant may present evidence in his defense.

After the parties have presented their evidence, the judge will read the instructions of law to the jury. The jury instructions are simply statements of law which govern the case. It is up to the jury to determine how the facts fit with the law. The parties then make closing arguments to the jury, and the jury deliberates and returns a verdict.