Who speaks first in a court trial?
Asked by: Royal Cole | Last update: January 8, 2026Score: 4.7/5 (26 votes)
In a criminal case, the prosecuting attorney speaks first. To begin, the prosecuting attorney gives an overview of the facts that will be presented. The defense attorney may present the same type of opening comment or may save the opening statement until later in the trial when that side of the case begins.
Who gets to talk first in court?
The plaintiff/petitioner will tell his/her side of the story first. This includes the party's testimony, calling any witnesses s/he may have, and entering any evidence that s/he has.
Who testifies first in the trial?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
Which side speaks last in a trial?
Key Concepts. The state and the defendant are both entitled to make two closing addresses to the jury. The state has the first and last closings if the defendant presents evidence; if the defendant does not present evidence, then the defense has the first and last closings.
Who is the first to speak as the trial begins?
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
How To Win In Court With These 7 Body Language Secrets!
Who argues first in court?
The trial begins with the opening statement of the party with the burden of proof. This is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or her opening statement.
Who is the first to be questioned at the trial?
The plaintiff's or prosecution's case is presented first. As each witness testifies, the side that called the witness asks questions in direct examination.
Who gets the last word in a court case?
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.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
What can't you say in closing arguments?
The lawyers cannot talk about issues outside the case or about evidence that was not presented. The judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury.
How much evidence is needed to go to trial?
When a lawsuit goes to trial, there are several evidentiary standards the California courts use to reach a conclusion. The basic standard, a “preponderance of evidence,” is necessary to demonstrate that it is more likely than not that certain allegations are true.
Why do most civil cases never go to trial?
There are several reasons why it may be better to settle a case rather than going to trial. Trials are expensive. Trials are stressful. Liability and damages are difficult to determine when your case is decided by a judge or jury.
Can a jury go home during deliberation?
Usually jurors go home at the end of each day and return the next morning. However, in extremely rare cases, a jury will be "sequestered" during the trial or during the jury deliberations.
Can a case be dismissed if the witness doesn't show up?
If a witness fails to appear after being subpoenaed, then they could be fined, jailed until they comply, the proceedings end, or are charged with a violation of a court order (contempt of court).
How long does a trial last per day?
Depending on the trial judge, the trial schedule will run from 9:00 - 5:00 with 2-15 minute breaks and an hour lunch or the trial will run from 8:30 to 2:30 with 2-20 minute breaks and no lunch. Occasionally, a trial will extend past 5:00 pm in order, for example, to complete a line of testimony.
Who is the first to hear a case?
Original jurisdiction refers to a court's authority to hear and decide a case for the first time before any appellate review occurs. Trial courts typically have original jurisdiction over the types of cases that they hear, but some federal and state trial courts also hear appeals in specific instances.
What happens if one juror disagrees?
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence.
Can a judge reject a plea deal?
The judge has the authority to accept or reject a plea bargain. They will consider the nature of the charges and the defendant's criminal history, if any, as well as the circumstances surrounding the case.
Can a judge deny a jury trial?
In civil cases the right to jury trial may be waived as provided by applicable law, but waiver should neither be presumed nor required where the interests of justice demand otherwise.
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
Who closes first in a trial?
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
How do they decide who wins court cases?
A single judge presides over (or manages) the case. And the case is decided by either a judge or a jury. Someone wins, and someone loses. The loser might decide to appeal the district court's ruling by having the next level of court (the court of appeals) take a look at the case.
Who testifies at the trial?
A witness is a person who saw or heard the crime take place or may have important information about the crime or the defendant. Both the defense and the prosecutor can call witnesses to testify or tell what they know about the situation. What the witness actually says in court is called testimony.
Who speaks first in a court case?
The plaintiff (or prosecution, in criminal cases) speaks first. During opening remarks, each lawyer lays out their case in broad strokes, and maybe does their best to undermine their adversary's case. It's important to note that opening remarks are not evidence, nor are they statements of law.
What is the most common reason that a judge declares a mistrial?
A deadlocked jury is a common reason for declaring a mistrial when the jurors cannot agree over the defendant's guilt or innocence.