The jury trial process follows a set sequence: jury selection, opening statements, presentation of evidence, closing arguments, jury instructions, deliberation, and verdict. Federal criminal cases use twelve jurors who must agree unanimously; civil juries in federal court run from six to twelve members. The steps are the same whether the case is civil or criminal, though the burden of proof, the number of challenges each side gets, and the verdict rules shift depending on which kind of case is on trial.
Jury Selection
A trial begins with voir dire. A group of potential jurors is brought in from the jury pool, and the judge and attorneys question them to surface biases, personal connections to the parties, or anything else that could keep them from being fair.1United States Courts. Juror Selection Process Some questions are general — occupation, prior jury service. Others probe attitudes about the specific issues in the case.
Challenges for Cause
If an attorney believes a juror cannot be impartial, they ask the judge to strike that person for cause. Family ties to a party, employment with a company in the suit, or a stated unwillingness to follow the law all qualify. The judge decides. There is no cap on cause challenges, but each one requires the judge’s approval.2United States Courts. Participate in the Judicial Process – Rule of Law
Peremptory Challenges
Each side also gets a limited number of peremptory challenges, which allow an attorney to remove a juror without stating a reason. In federal criminal cases, each side gets twenty in a capital case. For other felonies, the prosecution gets six and the defense gets ten. For misdemeanors, each side gets three. Federal civil cases allow three per side.
Peremptory challenges cannot be used to exclude jurors based on race. In Batson v. Kentucky, the Supreme Court held that the Equal Protection Clause bars striking jurors on account of their race.3United States Courts. Facts and Case Summary – Batson v. Kentucky Later decisions extended the rule to gender and other protected characteristics. If the opposing attorney suspects a discriminatory strike, they can object, and the striking attorney must offer a neutral explanation.
Courts may also seat alternates who sit through the whole trial and step in if a regular juror falls ill or is disqualified.
Opening Statements
Once the panel is seated, each side gives an opening statement. The side carrying the burden of proof goes first — the prosecution in a criminal case, the plaintiff in a civil case. The attorney previews what the evidence will show: who the witnesses are, how they fit the case, and what each is expected to say. The defense then frames the facts from its side.4United States Courts. Differences Between Opening Statements and Closing Arguments
Opening statements are not evidence. They work as a roadmap so the testimony that follows makes sense. Attorneys cannot argue the case at this stage; that comes later.
Presenting Evidence
Evidence is the heart of the trial. The plaintiff or prosecution puts on its case first, calling witnesses and introducing documents or physical items. When that side rests, the defense takes its turn.
Direct and Cross-Examination
When an attorney calls their own witness, the questioning is direct examination. Open-ended questions draw out the account. Leading questions, which suggest the answer, are generally not allowed on direct.5Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence
Then the opposing attorney cross-examines. Leading questions are allowed here, and the aim is to test credibility, surface inconsistencies, or show bias. Cross is usually limited to topics raised on direct, though the judge can allow broader questioning.
Objections
Either attorney can object to a question or answer that violates the rules of evidence. The judge rules on each objection in the moment, either sustaining it (keeping the evidence out) or overruling it (letting it in). Common objections include:
- Relevance, when the evidence has nothing to do with the case.
- Hearsay, when a witness repeats someone else’s statement to prove the statement is true.
- Leading questions on direct examination.
- Asked and answered, when the same question keeps coming back.
- Unfair prejudice, when relevant evidence would inflame the jury out of proportion to its usefulness.
Physical Evidence
Documents, photographs, contracts, and other tangible items are admitted only after the offering party authenticates them, meaning proves the item is what they say it is. A witness might confirm that a photograph accurately shows the scene, or that a signature is genuine.6Legal Information Institute. Federal Rules of Evidence Rule 901 – Authenticating or Identifying Evidence Even after authentication, the judge can still exclude an exhibit on other grounds.
Rebuttal
After the defense rests, the plaintiff or prosecution may offer rebuttal evidence, narrowly focused on something the defense introduced. The defense can then offer surrebuttal. These stages are shorter than the main presentations.
Motions That Can End the Case Before Deliberation
Not every trial reaches the jury. In a criminal case, the defense can move for a judgment of acquittal if the prosecution’s evidence is too weak to support a conviction. The court must grant the motion when no reasonable jury could find guilt on what was presented.7Justia. Fed. R. Crim. P. 29 – Motion for a Judgment of Acquittal In a civil case, either party can move for judgment as a matter of law under the same logic: if a reasonable jury would have no sufficient basis to find for the opposing party, the judge can resolve the issue without deliberation.8Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial These motions succeed rarely, but they operate as a check against cases going to the jury on thin evidence.
Closing Arguments
After the evidence is in, each side delivers a closing argument. Unlike openings, closings are openly persuasive. Attorneys summarize the key evidence, attack the other side’s weaknesses, and ask the jury to draw specific conclusions. The prosecution or plaintiff typically goes first and often gets a brief rebuttal after the defense closes.4United States Courts. Differences Between Opening Statements and Closing Arguments
Closings are still not evidence. The jury is instructed to decide based on what came in during the trial, not on what the lawyers said about it.
Jury Instructions
Before deliberation, the judge reads the jury a set of instructions explaining the law that governs the case. The instructions define legal terms, identify what each side must prove, and set out the burden of proof.9Legal Information Institute. Federal Rules of Civil Procedure Rule 51 – Instructions to the Jury
Burden of proof is where criminal and civil trials diverge most sharply. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt, the highest standard in the legal system. Jurors must be firmly convinced before convicting. In a civil case, the standard is usually preponderance of the evidence, meaning the claim only has to be more likely true than not. Some civil claims use a middle standard called clear and convincing evidence, which demands a firm belief that the claim is highly probable.10Ninth Circuit District and Bankruptcy Courts. Manual of Model Civil Jury Instructions – 1.7 Burden of Proof – Clear and Convincing Evidence
The judge also tells jurors how to assess witness credibility, how to weigh conflicting testimony, and what verdict options are available. Both sides submit proposed instructions before the charge is read, and attorneys can object to instructions they believe are wrong.
Deliberation
The jury then moves to a private room. Jurors choose a foreperson, sometimes by volunteer and sometimes by vote, who keeps the discussion organized and later delivers the verdict. Deliberation involves reviewing exhibits, recalling testimony, and working through the judge’s instructions element by element.
Jurors face strict rules about outside contact. They cannot research the case online, discuss it on social media, or talk about it with family or friends. The decision has to rest only on the evidence presented in court. Breaking these rules can trigger a mistrial.
In high-profile cases, the judge may order the jury sequestered, housing jurors in a hotel with restricted contact to shut out outside influence. The U.S. Marshals Service sometimes handles transportation and security for sequestered juries.11United States Courts. How Courts Care for Jurors in High Profile Cases
Whether jurors can take notes during the trial depends on the judge. In most federal courts and a majority of states, note-taking is allowed at the court’s discretion. When permitted, jurors overwhelmingly use the option, and the American Bar Association recommends allowing it.
The Verdict
In federal criminal trials and all state criminal trials for serious offenses, the verdict must be unanimous. The Supreme Court confirmed this in Ramos v. Louisiana, holding that the Sixth Amendment requires unanimity to convict in both federal and state courts.12Constitution Annotated. Amdt6.4.4.3 Unanimity of the Jury Civil verdicts in federal court must also be unanimous unless the parties agree otherwise.13Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors; Verdict; Polling A majority of states allow non-unanimous verdicts in civil cases.
Once the jury agrees, they return to the courtroom and the foreperson announces the decision. Either side can ask that the jury be polled, meaning each juror individually confirms the vote on the record.
Hung Juries and Mistrials
Sometimes a jury cannot agree. When deliberations stall, the judge may give an Allen charge, an instruction urging jurors to keep deliberating and reexamine their positions while staying true to their individual judgment. Allen charges are controversial because critics say they pressure minority holdouts. Federal courts allow them; many states prohibit them.
If the deadlock holds, the judge declares a mistrial. In a criminal case, a hung jury is not an acquittal, and the prosecution can retry the defendant. The Supreme Court has recognized jury deadlock as a circumstance of manifest necessity that justifies retrial without violating double jeopardy.14Legal Information Institute. Reprosecution After Mistrial In civil cases, a hung jury forces the plaintiff to decide whether to start over.
After the Verdict
A verdict does not always end the case. The losing party in a civil trial can file a renewed motion for judgment as a matter of law within 28 days, arguing that no reasonable jury could have reached the verdict it did. The court can uphold the verdict, order a new trial, or enter judgment for the other side.8Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial Judges overturn jury verdicts sparingly; the standard is deliberately high.
In criminal cases, the jury’s role ends at the guilty-or-not-guilty verdict. The judge handles sentencing, with one critical exception: any fact that raises a sentence beyond the statutory maximum must be found by a jury and proved beyond a reasonable doubt. That rule, from Apprendi v. New Jersey, keeps the jury’s factfinding role tied to any circumstance that dramatically affects punishment. The sole carve-out is a prior conviction, which the judge can consider without a jury. Either side can appeal on legal grounds, though an acquittal in a criminal case cannot be appealed by the prosecution.