Who are the trial participants?
A jury trial involves many people directly or indirectly. As a juror, you are an officer of the court who listens to all the evidence and arguments presented in a trial to reach a decision in the case.
The judge conducts the trial; rules on questions of law raised by the attorneys, and at the close of the trial, instructs the jury on the law that applies to the case.
The attorneys are employed by the parties or appointed by the court to advise the parties on the law and represent them at the trial.
The prosecuting attorney represents the State of Nebraska in all criminal cases.
Witnesses present testimony under oath, indicating what they have seen or know about the facts in a case. A witness may testify as an expert based on professional experience.
The clerk of the court is responsible for court records, summonses, subpoenas, collection of fines, and other court business. The court reporter transcribes a word-for-word record of all court testimony and proceedings.
The bailiff maintains courtroom order and assists the jurors.
What is the order of trial events?
A trial consists of a sequence of events in a specific order as determined by law.
OPENING STATEMENTS: Each attorney states his or her claim and may briefly state the evidence in support of the claim. The attorneys outline what they will show during the trial. Opening statements are not evidence. Opening statements are made to give you a general idea of what to expect when the evidence is introduced.
EVIDENCE: The plaintiff’s attorney presents evidence first. This is called direct examination.
The defendant has the right to examine this evidence. This is called cross-examination. Then the defendant’s attorney has the opportunity to present evidence.
Following the defendant’s introduction of evidence, the plaintiff has the right to cross-examine the witnesses presented by the defendant. The plaintiff has the right to present rebuttal evidence which can be cross-examined by the defendant’s attorney.
CLOSING ARGUMENTS: After all the evidence has been presented, the plaintiff’s and defendant’s attorneys argue their case to the jury. The closing arguments are not evidence.
What happens after the completion of testimony?
The judge will instruct you about the law regarding the case. You must base your decisionmaking and discussion on the judge’s instructions regarding the law, rather than on your own idea of what the law is or ought to be.
You and the other members of the jury will retire to the jury room for deliberations and select one person to be the foreperson. He or she will preside at your deliberations and bring your verdict into court.
- Your deliberations should be characterized by a free and fearless expression of your own opinions and patient, tolerant attention to the opinions of others.
- While you must base your decision upon the evidence presented in the case, you should also keep in mind what the judge may have said about weighing the evidence, how to decide what evidence to believe, and the burden of proof. You must keep in mind all of the court’s instructions concerning the law.
- In many civil cases, you may have to determine whether there is any liability to pay damages and, if so, how much. It is suggested that you determine the issue of liability first, independently of the issue of the amount of damages. One reason for this is to avoid a compromise on the question of liability in exchange for a compromise on the amount of damages. Such a compromise would not be just and would violate your duty as a juror.
In a civil case, if the jury cannot reach a unanimous verdict within 6 hours of deliberations, then a verdict arrived at by 10 of a 12-person jury or 5 of a 6-person jury may be returned.
In a criminal case, jury deliberations conclude when a unanimous verdict has been reached. If after lengthy deliberations the jury is unable to agree on a verdict, the foreperson must notify the judge. The jury has nothing to do with sentencing the defendant if the jury returns a guilty verdict.
What happens after a verdict is reached by the jury?
Generally, when the jury has agreed on a verdict, the foreperson returns to the courtroom, where the verdict is given to the judge and read and recorded by the clerk.
All jurors must be present when the verdict is returned. You must keep your verdict secret until it is brought into court.
Do I have to tell anyone how or why I voted?
After the trial is completed and you are dismissed by the judge, you are not obligated to answer questions presented by attorneys or the press. If unwarranted questions persist, contact the judge immediately.