CHAPTER 13: The Trial Note: Project Management skills are very important to maintain a continual movement forward for all facets of trial preparation. Waiting until the last week (or month) to talk to witnesses or obtain other data will result in defeat for the side that procrastinates.

Courtroom Layout Jury Box Jury Box Jury Room Jury Room Witness Stand Witness Stand Judge’s Bench Judge’s Bench Clerk’s and Court-reporter’s tables Clerk’s and Court-reporter’s tables Attorneys’ Tables Attorneys’ Tables The Bar The Bar

Jury Box

Jury Room

Witness Stand Next to Bench Next to Bench Next to Jury box for observation and evaluation by the jury Next to Jury box for observation and evaluation by the jury

Judge’s Bench Bench conference Bench conference Bench Trial Bench Trial

Clerk’s and Court-Reporter’s Tables Court Reporter Court Reporter Clerk not present for all activities Clerk not present for all activities

Attorneys’ Tables Prosecution nearest jury Prosecution nearest jury Defense farthest from jury Defense farthest from jury No set rule No set rule The Bar Separates the trial area from the public area

Beginning the Trial State and Defendant must “join issues” State and Defendant must “join issues” Pre-Selection (variety of sources used) Pre-Selection (variety of sources used) Voir Dire or Jury Selection Voir Dire or Jury Selection General Questions General Questions Juror Questionnaires Juror Questionnaires

Jury Selection Preemptory Challenges Preemptory Challenges Challenge for Cause Challenge for Cause

Striking the Jury

Role of the Paralegal Helping Strike the Jury Helping Strike the Jury Body language Body language Silent strikes Silent strikes Alternate jurors Alternate jurors Warning Witnesses Warning Witnesses Jury sequestration Jury sequestration Opening statements Opening statements

The Case-in-Chief Direct Examination Direct Examination Role of the Paralegal – preparing witness for trial Role of the Paralegal – preparing witness for trial Preparation is not coaching Preparation is not coaching Focus witness Presentation of case Focus witness Presentation of case Advising witness to look at the jury Advising witness to look at the jury

Introduction of Evidence During Direct Examination Physical Evidence Physical Evidence Laying the Foundation Laying the Foundation Relevance Relevance Foundation Question Foundation Question Admitting Evidence Admitting Evidence Improper Foundation Improper Foundation Legally Significant Connection Legally Significant Connection Unfairly Prejudicial Unfairly Prejudicial

Cross-Examination Limit witness to yes or no answers Limit witness to yes or no answers Witnesses have the right to explain their answer Witnesses have the right to explain their answer Defense does not want to make witness for the state more sympathetic to the jury Defense does not want to make witness for the state more sympathetic to the jury Closed circuit testimony – for children Closed circuit testimony – for children Clearly established exceptions to the use of hearsay Clearly established exceptions to the use of hearsay

Redirect Examination

Resting the Government’s Case

Motion for Directed Verdict

Defense Case-In-Chief

Resting the Defense Case

Rebuttal

Closing the Evidence

Charge Conference

Closing Arguments

Jury Instructions

Jury Deliberations

Mistrial

Verdict

Recap: Roles for the Paralegal Helping to Strike the Jury Helping to Strike the Jury Warning Witnesses Warning Witnesses Preparing Witnesses for Trial Preparing Witnesses for Trial Reluctant Witnesses Reluctant Witnesses Going to the Scene Going to the Scene Keeping Track of the Jury Instructions Keeping Track of the Jury Instructions

Multi-Media in the Courtroom Laptops with case info Laptops with case info WiFi or Blue tooth access WiFi or Blue tooth access Access to Internet Access to Internet Powerpoint and Legal Programs Powerpoint and Legal Programs Video and site photos (exhibits) Video and site photos (exhibits) Development and creation of presentation Development and creation of presentation Legal knowledge is crucial but presentation skills can have an important impact on the trial.

Texas Stats

End of Chapter 13