The stages of a jury trial, explained for jurors

Once you're sworn in, a trial follows a predictable order. Knowing it makes the experience far less confusing. You'll understand why lawyers keep standing up to object, why you're sometimes sent out of the room, and why you can't start deciding until the very end. This guide follows the federal Handbook for Trial Jurors, published by the Administrative Office of the U.S. Courts. State trials follow the same basic structure.

Who does what

The roles are divided:

• The judge decides questions of law: what evidence is allowed, which questions can be asked, and what legal rules apply.
• The jury decides questions of fact: what really happened, based on the evidence.

The U.S. Courts give an example. A judge might instruct jurors that, as a matter of law, a defendant must have known they were committing a crime to be convicted. Whether the evidence actually showed that knowledge is the jury's call. Virginia's answer book puts it simply: deciding a question of fact means deciding what really happened.

The eight stages

The federal handbook lists the usual stages of a civil trial. Criminal trials follow the same pattern, with the prosecution in the plaintiff's place.

1. Opening statements

Each side's lawyer gives a preview of what they expect the evidence to show. Sometimes a party skips the opening. Opening statements aren't evidence. They're a roadmap.

2. The plaintiff's (or prosecution's) case

The side that brought the case calls witnesses and introduces exhibits to prove it. The other side can cross-examine each witness.

3. The defendant's case

The defendant may call witnesses and introduce evidence to rebut the plaintiff's case and support its own claims. In a criminal case the defendant has no obligation to present any evidence or to testify. The government carries the burden of proof, and the judge will tell you not to hold silence against the defendant.

4. Rebuttal

The plaintiff may call rebuttal witnesses to respond to what the defense witnesses said.

5. Closing arguments

Each lawyer sums up the evidence in the light most favorable to their client. The handbook explains that closings help jurors recall testimony and fit the pieces together. Like openings, closing arguments aren't evidence. Disregard any statement a lawyer makes that the evidence didn't prove.

6. Jury instructions (the "charge")

The judge explains the law that applies, including the elements of each claim or charge and the burden of proof. In a federal court the charge can also summarize the evidence. The handbook says the judge's charge controls on the law, but the jury reaches its own conclusion on the facts.

7. Deliberations

The jury goes to the jury room to discuss the case privately. See our deliberations guide.

8. Verdict

The jury announces its decision in open court. In a criminal case it decides guilty or not guilty on each count separately. In a civil case it decides for the plaintiff or the defendant, and often the amount of damages.

Objections and sidebars

During testimony, lawyers object when they believe a question or exhibit breaks the rules of evidence. The judge rules: "sustained" means the objection is upheld, and "overruled" means it's rejected. Sometimes the judge sends the jury out, or holds a whispered conference at the bench (a sidebar), so the lawyers can argue a point without the jury hearing.

The handbook stresses two points:

• A ruling doesn't mean the judge is taking sides. It only means the law does, or doesn't, allow that question.
• Even if every ruling goes one way, the jury must stay objective and decide only on the evidence admitted.

If the judge tells you to disregard something, do your best to set it aside.

What counts as evidence

The handbook defines evidence as the testimony of witnesses and the exhibits admitted. These aren't evidence:

• the fact that a lawsuit was filed;
• the lawyers' opening statements and closing arguments;
• questions a lawyer asked, as opposed to the witness's answers;
• anything you heard outside the courtroom.

Use your common sense and life experience to weigh the evidence, but don't rely on outside information.

Criminal vs. civil burdens of proof

• Criminal cases: the government must prove guilt beyond a reasonable doubt, and the defendant is presumed innocent. The judge, not the jury, decides any sentence, and the handbook tells jurors not to consider sentencing when deciding guilt.
• Civil cases: the plaintiff must usually prove its case by a preponderance of the evidence, meaning more likely than not. The U.S. Courts call this a much lower standard, since no one's freedom is at stake.

Taking notes and asking questions

Practices vary. Some judges let jurors take notes, and a few allow written questions for witnesses that the judge screens. The judge will tell you what's allowed at the start of trial. If notes are allowed, use them to aid your memory, not to replace your attention.

Staying fair through the trial

The handbook advises jurors to keep an open mind and not even try to make up their minds until all the evidence is in and the judge has given the instructions. It also says not to discuss the case, even with other jurors, until deliberations begin. See our guide to rules for jurors during a trial.

Frequently asked questions

Why do we keep getting sent out of the courtroom? So the lawyers can argue legal points the jury shouldn't hear. It's routine.

Can I ask the judge a question? During the trial, ask court staff about practical matters. During deliberations, the jury can send the judge a written question through the bailiff.

How long does each stage take? It depends on the case. Ask the court if the expected length matters for your planning.

Key takeaways

• The judge decides the law, and the jury decides the facts.
• Openings and closings aren't evidence. Testimony and admitted exhibits are.
• Rulings on objections don't signal the judge's view of the case.
• Keep an open mind until deliberations begin.