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What happens during the trial stage of a legal case?
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Legal ethics
Illustration by Hablot Knight Browne for Charles Dickens's Bleak House. Here Lady Dedlock is visited by her cunning old lawyer, who discovers her deepest secret and threatens to reveal it to her husband.
During the trial stage of a legal case, parties or their counsel present their factual contentions before a judge or jury to determine the rights of those involved.12
In Anglo-American proceedings, the process typically follows these steps:
- Opening Statements: Attorneys for both the plaintiff (or prosecution) and the defendant outline their cases.1
- Presentation of Evidence: The plaintiffâs attorney calls witnesses for direct examination, who may then be cross-examined by the defense. The defense attorney subsequently calls their own witnesses, subject to cross-examination by the plaintiffâs side.13
- Closing Arguments: Both sides summarize their positions.1
- Verdict and Judgment: In a jury trial, the judge instructs the jury on the applicable laws before they retire to reach a verdict. If the defendant is found guilty in a criminal case, the judge determines the sentence.14
Throughout the trial, the judge supervises proceedings, rules on the admissibility of evidence, and ensures the process adheres to legal standards. While the pretrial phase often resolves disputes, the trial stage serves as the formal forum for proving factual claims through oral examination.42