Structure of a trial Flashcards
What is the order of a trial?
- Pretrial motions
- Open statements
- Case-in-chief
- Rebuttal/rejoinder
- Closing statements
T/F: Evidence rules apply during a pretrial motion
FALSE.
FRE do not apply.
3 types of pretrial motions
- Motion in limine
- Motion to suppress
- Motion for summary judgment
Motion in limine focus on ___
whether or not information is admissble
Motion to suppress is filed when ___ ?
a party is claiming that the opponent obtained the evidence illegally.
Motion for summary judgment is granted when ___ ?
a key piece of opponent’s evidence is inadmissible.
Open statements give
each attorney an opportunity to tell a coherent and compelling story to persuade the jurors.
P’s case-in-chief
Presents testimonies, evidence, documents and demonstrations to jury.
T/F: A D can move for judgment as a matter of law during P’s case-in-chief
True!
Hip-hip hooray!
T/F: A criminal D can not move for judgment of acquittal during P’s case-in-chief
FALSE.
A crim D can!
D’s case-in-chief
Same as P. A criminal defendant has no obligation to testify or present a defense
P’s rebuttal
rebuts evidence introduced by the defense and may call new witnesses or introduce new evidence, but must focus on issues raised by the defense
D’s rebuttal
responds to the plaintiff’s rebuttal and may include new witnesses or evidence but must respond to the new evidence produced in the proceeding phase
How many rounds of rebuttal are allowed?
Trial judge has discretion
Closing statements
Both parties sum up their arguments/cases and offer the jury a framework for assembling the evidence and delivering the verdict that the party favors and may use demonstrative evidence.
