Step 3 - Trial
The day of trial usually begins slowly. The attorneys meet with the judge to iron out any outstanding discovery and evidentiary issues. At the conclusion of these preliminary meetings, the Judge brings in the voir dire panel. In Jefferson County, this is usually 24-30 potential jurors. After the Judge gives the panel instructions and has each member introduce themselves, voir dire begins.
Voir Dire - the process by which the attorneys ask the panel members questions in order to determine what prejudices or biases the panel members may have in favor of or against our clients' cases. We go first in this process, and we ask various questions and follow-up questions of the jurors. After we finish, the defendant(s) attorneys get to do the same. Depending upon the type of case and the Judge, this process can take several hours and sometimes days (but rarely).
Once voir dire is concluded, each side gets some time in order to determine who to strike from the panel. Parties do not get to select their jury; they deselect their jury. If the voir dire panel consists of twenty-four (24) members, each side gets six (6) strikes. Once each side finishes announcing their strikes to the court, the twelve (12) member jury is impaneled.
After a few more instructions from the Judge, opening statements begin. We always go first because we represent the plaintiff. We tell the jury what the case is about and what we expect the evidence to show, and then, the defendant(s) attorneys get to do the same. We then begin putting on evidence through our witnesses. Many people expect that they will get to get on the stand and tell their story, but that is not the way trial works. The story must be told through questions. Once we finish questioning a witness, the defendant(s) attorneys get to cross-examine the witness. When we finish with all of our witnesses, we tell the Judge that the plaintiff rests, and the defendant(s) attorneys get to begin to call their witnesses and put on their case.
At the close of the defendant(s) case, all parties get to give a closing statement to the jury. Since the plaintiff has to carry the burden of proving her case, the plaintiff's attorney gets to rebut the defendant(s) closing statement, i.e.: the plaintiff gets the last word.
When closing statements are concluded, the Judge gives the jury their instructions. These instructions explain how to go about deliberating the case. The instructions also explain the law which governs the case. The jury is then allowed to go deliberate until they have either reached a verdict or determined that it will be impossible to reach a verdict (a hung jury).
The trial process may last as little as one day, or it may take several weeks, depending about the complexity of the case, the evidence, and the number of witnesses. Once a verdict is rendered, the parties have forty-two (42) days to appeal to the Supreme Court of Alabama.
