CHAPTER 13: The Trial Note: Project Management skills are very important to maintain a continual movement forward for all facets of trial preparation.

CHAPTER 13:CHAPTER 13: The TrialThe Trial

Note: Project Management skills are very important to maintain a continual movement forward for all facets of trial preparation. Waiting until the last week (or month) to talk to witnesses or obtain other data will result in defeat for the side that procrastinates.

Courtroom LayoutCourtroom Layout

Jury BoxJury Box Jury RoomJury Room Witness StandWitness Stand Judge’s BenchJudge’s Bench Clerk’s and Court-reporter’s tablesClerk’s and Court-reporter’s tables Attorneys’ TablesAttorneys’ Tables The BarThe Bar

Jury BoxJury Box

Jury RoomJury Room

Witness StandWitness Stand Next to BenchNext to Bench Next to Jury box for Next to Jury box for

observation and observation and evaluation by the evaluation by the juryjury

Judge’s BenchJudge’s Bench

Bench conferenceBench conference Bench TrialBench Trial

Clerk’s and Court-Reporter’s Clerk’s and Court-Reporter’s TablesTables

Court ReporterCourt Reporter Clerk not present Clerk not present

for all activitiesfor all activities

Attorneys’ TablesAttorneys’ Tables

Prosecution nearest Prosecution nearest juryjury

Defense farthest Defense farthest from juryfrom jury

No set ruleNo set rule

The BarThe BarSeparates the trial area from the public area

Beginning the TrialBeginning the Trial

State and Defendant must “join State and Defendant must “join issues”issues”

Pre-Selection (variety of sources Pre-Selection (variety of sources used)used)

Voir Dire or Jury SelectionVoir Dire or Jury Selection General QuestionsGeneral Questions Juror QuestionnairesJuror Questionnaires

Jury SelectionJury Selection

Preemptory ChallengesPreemptory Challenges Challenge for CauseChallenge for Cause

Striking the JuryStriking the Jury

Role of the ParalegalRole of the Paralegal

Helping Strike the JuryHelping Strike the Jury Body languageBody language Silent strikesSilent strikes Alternate jurorsAlternate jurors

Warning WitnessesWarning Witnesses Jury sequestrationJury sequestration Opening statementsOpening statements

The Case-in-ChiefThe Case-in-Chief

Direct ExaminationDirect Examination Role of the Paralegal – preparing Role of the Paralegal – preparing

witness for trialwitness for trial Preparation is not coachingPreparation is not coaching Focus witness Presentation of caseFocus witness Presentation of case Advising witness to look at the juryAdvising witness to look at the jury

Introduction of Evidence Introduction of Evidence During Direct ExaminationDuring Direct Examination

Physical EvidencePhysical Evidence Laying the FoundationLaying the Foundation RelevanceRelevance Foundation QuestionFoundation Question Admitting EvidenceAdmitting Evidence Improper FoundationImproper Foundation Legally Significant ConnectionLegally Significant Connection Unfairly PrejudicialUnfairly Prejudicial

Cross-ExaminationCross-Examination

Limit witness to yes or no answersLimit witness to yes or no answers Witnesses have the right to explain their Witnesses have the right to explain their

answeranswer Defense does not want to make witness Defense does not want to make witness

for the state more sympathetic to the for the state more sympathetic to the juryjury

Closed circuit testimony – for childrenClosed circuit testimony – for children Clearly established exceptions to the Clearly established exceptions to the

use of hearsayuse of hearsay

Redirect ExaminationRedirect Examination

Resting the Government’s CaseResting the Government’s Case

Motion for Directed VerdictMotion for Directed Verdict

Defense Case-In-ChiefDefense Case-In-Chief

Resting the Defense CaseResting the Defense Case

RebuttalRebuttal

Closing the EvidenceClosing the Evidence

Charge ConferenceCharge Conference

Closing ArgumentsClosing Arguments

Jury InstructionsJury Instructions

Jury DeliberationsJury Deliberations

MistrialMistrial

VerdictVerdict

Recap: Roles for the ParalegalRecap: Roles for the Paralegal

Helping to Strike the JuryHelping to Strike the Jury Warning WitnessesWarning Witnesses Preparing Witnesses for TrialPreparing Witnesses for Trial Reluctant WitnessesReluctant Witnesses Going to the SceneGoing to the Scene Keeping Track of the Jury InstructionsKeeping Track of the Jury Instructions

Multi-Media in the CourtroomMulti-Media in the Courtroom

Laptops with case infoLaptops with case info WiFi or Blue tooth WiFi or Blue tooth

accessaccess Access to InternetAccess to Internet Powerpoint and Legal Powerpoint and Legal

ProgramsPrograms Video and site photos Video and site photos

(exhibits)(exhibits) Development and Development and

creation of presentationcreation of presentation

Legal knowledge is crucial but presentation skills can have an important impact on the trial.

Texas Stats

End of Chapter 13End of Chapter 13