Trial Order

Voir Dire Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case).

Peremptory Challenge Peremptory Challenge: The right of the plaintiff and the defendant in a jury trial to have a juror dismissed before trial without stating a reason.

Peremptory Challenge The number of peremptory challenges for each side will differ based on state law, the number of parties to a case, and whether it is a civil or criminal trial. The usual phrasing used by lawyers exercising the challenge is "Juror number seven may be excused.”

Peremptory Challenge O.R.C. 2945.21 Peremptory challenges.  In criminal cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge three of the jurors in misdemeanor cases and four of the jurors in felony cases other than capital cases. If there is more than one defendant, each defendant may peremptorily challenge the same number of jurors as if he were the sole defendant. In capital cases in which there is only one defendant, each party, in addition to the challenges for cause authorized by law, may peremptorily challenge twelve of the jurors.

Challenge For Cause This challenge is distinguished from a peremptory challenge in that a "challenge for cause" (reason) is based on the potential juror admitting bias, acquaintanceship with one of the parties or their attorney, personal knowledge about the facts, or some other basis for believing he/she might not be impartial.  There is no limitation on the number for “challenge for cause” that an attorney may use.

Opening Statements Opening Statements by Prosecution and Defense. The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.

Prosecutor’s Case The prosecutor will now begin his case, and brings on his first witness. He begins with a direct examination of his witness, confining himself to simple questions, and bringing forth facts in chronological order.

Prosecutor’s Case a) The defense counsel now begins cross examination of that same witness.  b) The prosecutor may now decide to engage in redirect examination, but must, generally speaking, limit himself to new material brought out in cross examination.  c) After redirect examination by the prosecutor, the defense counsel may elect to recross-examine the witness, but must confine himself to material brought out in redirect examination.

Defense Case After the prosecutor has put on his case, the defense counsel may move for a dismissal, on the basis that the state has failed to prove guilt “beyond a reasonable doubt.” If his motion is granted, the case is dismissed, and the defendant is released from custody. If his motion is denied, defense counsel must now put on his case.

Defense Case The defense attorney now brings on his first witness for direct examination, and then the prosecutor has the option of cross examination; if cross examination by the prosecutor takes place, the defense may decide to engage in redirect examination; following that, the prosecutor may elect to recross examine.

Prosecutor’s Rebuttal The prosecutor may now engage in rebuttal, and bring forth previous or additional witnesses and experts, in order to bolster any parts of his case that may have been weakened by the defense case. He uses the same format of direct and redirect examination, in each case followed by defense counsels elected cross and recross examination. When he is satisfied, the prosecutor rests his case.

Defense Surrebuttal The defense counsel may now engage in surrebuttal, and bring forth previous or additional witnesses and experts using the same format explained before. When he is satisfied, defense counsel rests his case. If he did not move for dismissal at the conclusion of the prosecutor’s case, he will certainly make that motion at this time, indicating that the prosecutor did not meet his proof.

Summations by Defense and Prosecutor Closing Arguments Summations, or closing arguments, by defense counsel and prosecutor, are now in order. Each attempts to review the law and the facts for the judge and jury, and to summarize the important facets of the case at bar.

Closing Arguments The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.

Jury Instructed and Charged After summations, the judge, in most jurisdictions, will read and give to the jury certain written instructions as to the legal principles which should be applied to the facts of the case.

Deliberation and Verdict The jury now will retire to the jury room where they will be given an adequate opportunity to deliberate upon the issues, away from everyone, including the judge himself.

Motions Defense may move for a new trial or for a mistrial if any error or irregularity prevented justice from being served. He may point out errors of the judge in admitting or excluding evidence, in directing or charging the jury, for a finding contrary to law or evidence, or for being absent during trial. He may point out misconduct of the jury in casting lots to decide the verdict, in receiving evidence out of court, or in communicating with outsiders. He may point out that the defendant was absent during part of the trial, or he may point out that newly discovered evidence would serve to clear the accused. If a mistrial is declared, or a new trial granted, the accused will be placed on bail or remanded to custody until the time of the new trial.

Instructions to the Jury After closing arguments, the judge will read the instructions to the jury explaining the law and other considerations in the case. Also know as, charging the jury. The judge's instructions to the jury concerning the law that applies to the facts of the case on trial. The opinion expressed by the court to the jury, on the law arising out of a case before them.

Deliberations After instructions, the jury meets to decide the verdict in the case.

Sequestered Jury A “sequestered” jury is one that is kept together in a private location separate from their homes or workplaces during part or all of a trial. Most jury trials do not involve a sequestered jury. Sequestering a jury is often done for reasons of privacy or to prevent the jury’s decision from being based on media coverage or the opinions of the public in a high-profile case.

Sequestered Jury Sequestering the jury makes it harder for jurors to have their minds swayed by outside information. It reduces pressure on jurors to vote a certain way, and it helps prevent harassment, threats, or actual violence from non-jurors who want to influence the outcome of the case. Either the plaintiff or defendant in a civil or criminal trial may request that the jury be sequestered. Phone calls, TV, and radio are not permitted unless observed by a Marshal, police officer, or deputy sheriff. Juries may be sequestered for all or part of a trial.

Guilt Beyond A Reasonable Doubt The state must prove guilt beyond a reasonable doubt. Definition: The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

Judgment The formal pronouncement which is entered on the record, and pronouncement sentence usually within twenty days of the verdict. Defense counsel, at this time, may raise various motions, such as a motion in arrest of judgment because of defects in the accusation or in the record.