All the pleadings have been filed, the discovery phase is done, and the court has heard all evidentiary and dispositive motions. You’re not quite ready for trial yet.
The judge will typically call for a conference prior to trial. Don’t be surprised if there’s arm-twisting to try to get you to settle. The judge would love to take the case off the docket. In addition, the court wants to make certain that everyone is ready for trial, so that the process can be as efficient as possible.
Before opening statements can be made, you have to seat a jury. This process is known as “voir dire,” and varies to some degree from jurisdiction to jurisdiction. However, it typically goes as follows:
In a trial, the jurors are the arbiters (deciders) of fact and the judge typically rules on the law. However, the jury must ultimately render the verdict, so jurors are provided with instructions, telling them what legal conclusions they must make based on how they decide the facts. Ultimately, the judge will rule on what instructions are given to the jury, but the judge typically solicits proposed jury instructions and has hearings to entertain any proposed objections to those instructions. Some courts will resolve all issues related to jury instructions before trial, whereas others will wait to see if the case goes to jury deliberation.
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