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What Is A Jury Trial and How Does It Work?

We have already discussed the basics of a lawsuit in a past article (read it here). So what happens if your lawsuit goes to trial? More often than not, a civil lawsuit will not go to trial, because many times a lawsuit is settled out of court. However, when a case does go to trial, this is what happens.

A jury trial can be broken up into four general segments:

First is what is called “Voir Dire,” or the jury selection process. Civil cases in South Dakota require 12 jurors. Usually, depending on the case, 36 jurors will be called into the court room. Then, attorneys for both sides will question the jurors to see if any of the jurors may be unfairly biased against a party. If a juror shows unfair bias or has particular knowledge of the case that may prejudice that juror’s opinion, that juror may be removed “for cause.” The lawyers can also each remove three jurors each in what are known as “peremptory” challenges or strikes.

Second, the lawyers make their opening statements. This allows for the attorneys for both sides to give an introduction to their respective cases, to describe the evidence they intend to produce, and to provide a general outline of their case. The opening statement is extremely important, because it helps frame the entire case for the jury.

Third is when both sides present their “case-in-chief.” The plaintiff will go first. The attorneys will present evidence in the form of exhibits and live testimony from witnesses. Both sides will call their own witnesses, and the opposing side is then given a chance to “cross-examine” the other side’s witnesses. This portion of the trial can last anywhere from an hour to months. It simply depends on how complex the case is, and how much evidence needs to be presented to the jury.

Fourth, and finally, are the closing arguments. Here, each side will give a final speech on what the evidence has shown, and why his or her side should win.

After the closing arguments, the jury is instructed by the judge on the applicable law, and sent to the jury room to deliberate until the jury reaches a verdict.

After the verdict is read, the trial, in general, is over. There can still be appeals, and other motions to be made. In most cases, however, once the verdict is read, the lawsuit, and the trial, are over.

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