In an accident or personal injury trial in both Tennessee and Mississippi there are certain steps that occur leading up to and during the trial. Clients are often scared and nervous when it comes to going to court for trial. And this is for good reason. The courthouse is as foreign a place as most people could imagine. There are armed officers guarding the entryways, metal detectors, court reporters, judges in robes and special rules that must be abided by. Rules that you, as an ordinary citizen, don't come across. Rules such as contempt and perjury.
I want each and every one of my clients to feel as comfortable and at ease as possible when they enter the courthouse. For me this begins by helping them understand what will actually happen during the jury trial process.
Here they are, THE 8 STEPS THAT OCCUR AT JURY TRIAL.
- JURY SELECTION (This is called Voir Dire by lawyers and judges.)
- Both sides have an opportunity to try to select the jurors who will decide the outcome of the trial. The judge will introduce himself to the potential jurors and give them basic information regarding what type of trial they will be hearing. Basic questions will be asked of the jurors by the judge, and those who he deams unqualified to be on the jury will be released from the jury pool. After this the lawyers for each side will be allowed to question the potential jurors. These questions can range from the boring and mundane all the way to in-depth and personal. After the questioning the attorneys will be allowed a certain number of peremptory releases in which they may release a potential juror from the pool for any reason. This is followed or done at the same time as releases of jurors for cause. (For cause releases occur because a juror may be found to have issues that would not allow him or her to act as an impartial juror.
- OPENING STATEMENTS
- The attorneys for both sides are allowed time to tell the jury what the facts and evidence of the case are. Each side gives information that shows their case in the best possible light. The Plaintiff's attorney (the person who is suing another person) starts first, and the Defendan'ts attorney goes next. Each lawyer will outline their case and tell the jury what they will hear. During the opening statement neither attorney is allowed to be argumentative towards the other side.
- PLAINTIFF'S WITNESSES
- This is where you get to call witnesses that will help you in your case. All witnesses are first sworn in and then take the witness stand. Your attorney will first examine (question) the witness and have them testify as to what they saw, heard, or know about. Then the defendan'ts lawyer get's a chance to cross-examine (question) the witness where he will try to disprove or weaken the witnesse's statements. Finally your attorney will be allowed to ask the witnesses questions about any issues that might have been raised when the defendant's attorney cross-examined him.
- This is the point in a trial where the most objections will be made by the defendant's attorney. The defendant's attorney will likely object to both questions and answers that are asked and given by the witness. Often times these objections are only made to attempt to throw the witness off or to rattle them and make them self conscious of their testimony. It is good to note that most objections to testimony and questioning in a trial will be done by the defendan'ts attorney rather than your attorney.
- WITNESSES FOR THE DEFENDANT
- After all the plaintiff's (your) witnesses have been called and testified it will be time for the defense to call their witnesses. Here the questioning is exactly like the witnesses for the plaintiff with the only exception being that the defendant's attorney starts the questioning of the witness and your attorney does the cross-examining.
- JURY INSTRUCTIONS
- The judge reads the instructions to the jury regarding what rules they must abide by in coming to a verdict.
- SUMMATION or CLOSING ARGUMENTS
- Each attorney has a chance to give a final speech to the jurors giving the reasons they feel that the jury should find in favor of their client. The lawyers summarize the evidence they have presented at trial, and emphasize important points the jury may have missed or forgotten. Here the Plaintiff goes first and the Defendant goes next. But the plaintiff is usually allowed to make a final argument.
- VERDICT
- After closing arguments the jury will leave the courtroom and begin deliberations. Deliberations could last as little as 30 minutes or as long as days. When a verdict is reached all parties will be notified and court will reconvene in order for the verdict to be read and entered into the record.
- AFTER THE VERDICT
- The case usually doesn't end after the verdict. And even if you receive a verdict in your favor and money is awarded to you by the jury you usually will not see any of it right away. The losing party at trial will generally make a motion for a new trial or will appeal the verdict. The Appellate process can take years to work through. And if an appeal is made then you will not receive anything until the appeal is finished. During this time your attorney is still working to make sure that your case is upheld.
This is how the procedure of a jury trial goes. It is important to mention that here in Memphis in can take years before your case ever even makes it to a trial. But if you do go to trial you need to be prepared for what will occur. Make sure you have the best Memphis personal injury lawyer you can find and make sure you prepare for your trial.
If you have any specific questions about your Memphis, Tennessee or Mississippi accident or personal injury claim call the Ferrell Law Firm at our Mississippi or Tennessee office today!
