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In this lesson, you will learn what takes place during a pre-trial hearing, the jury selection process (\”voir dire\”), and the objections during voir dire. You will also learn about the first step of the trial, the opening statements.
Starting the trial process
- Pre-trial
- Jury selection (voir dire)
- Objectives for jury selection
- Opening statements
Transcript
At a pre-trial hearing, the judge and the parties narrow the issues in the case, identifying necessary witnesses and documents, make schedules and otherwise avoid unnecessary delay and frivolous claims or defenses.
A pre-trial conference might also address disposition of the case without trial, as in mediation or arbitration, and pretrial orders like motions in limine, which ask the court to limit certain evidence.
Jury selection or voir dire is the initial questioning of a panel of potential jurors to determine their fitness for trial. Prospective jurors are assembled in a courtroom, introduced to the parties, and briefed about the case. Then begins a series of questions by the judge and parties or attorneys.
In many jurisdictions, judges do most of the questioning. As a party, your goals are to build rapport with the jurors, and find and strike unfavorable jurors. This might, however, conflict with the judge\’s objective, which is only to find people who can promise to follow the law. Take any opportunity to get potential jurors talking so you can detect bias before the judge limits questioning.
The opening statement is the point in the trial during which each party or his attorney may speak to the jury and describe the case. The plaintiff, the party with the burden of proof, goes first. At their core, opening statements outline the reasons the parties are in court. They are not arguments.