A trial is a formal legal proceeding where evidence is examined and witnesses are called. It is overseen by a judge or jury and adheres to established rules of evidence and procedure. The purpose of a trial is to determine the guilt or innocence of a criminal defendant or the outcome of a civil dispute. In a criminal case, the prosecution must present enough evidence to convince the fact finder (either a judge or jury) that all of the elements of the crime have been proven beyond a reasonable doubt. In a civil case, the plaintiff must present evidence sufficient to show that their claim is more likely true than not. During a trial, the prosecutor and defense each have the opportunity to present their version of the facts to the fact finder, whose job it is to decide which side’s version of the facts to believe.
The prosecutors must provide their witnesses and evidence before the jury can hear the defense witness’s testimony, and the defense has the right to ask those witnesses questions as well (called cross-examination). Both sides may also present expert witness testimony, physical objects, and documents that support their arguments. The jury will then be instructed by the judge on what they must decide and how to apply the law to that evidence. Once the jurors have reached a verdict, they must notify the judge and all in open court.
Entire books have been written on trials, examining and cross-examining witnesses at trial, the process of selecting a jury, and other intricacies of preparing for a trial. The scope of this article is limited to general information, but we recommend that anyone planning to represent themselves in a trial consult a library or bookstore for simplified guidebooks or instructional videos on the process.
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