If your case goes to trial, a judge or jury will decide it after both sides present evidence, question witnesses, and make their arguments in open court. What happens when you go to trial follows a predictable sequence: pretrial exchanges and rulings, jury selection, opening statements, the evidence phase with direct and cross-examination, closing arguments, jury instructions, deliberation, and the verdict. Post-trial motions, sentencing, or an appeal can follow. Most cases settle or plead out before reaching this point, so if yours is going the distance, understanding each stage removes much of the uncertainty.
The Weeks Before Trial
A trial doesn’t start cold. In federal civil cases, each side must give the other a list of every witness they plan to call, every deposition they intend to use, and every document or exhibit they expect to introduce. These disclosures are due at least 30 days before trial, and the other side has 14 days to object.1Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery Expert witnesses are typically disclosed at least 90 days out.
The court also holds a final pretrial conference close to the trial date. The judge and attorneys use it to finalize how evidence will be admitted and how the case will proceed. The resulting pretrial order becomes the rulebook for the trial, and once issued it can only be changed to prevent a serious injustice.2Legal Information Institute. Federal Rules of Civil Procedure Rule 16 – Pretrial Conferences; Scheduling; Management
Before testimony begins, the judge may also rule on motions to keep specific evidence out of the trial entirely, often because the material would be unfairly prejudicial or legally improper.3Legal Information Institute. Motion in Limine Those rulings shape what the jury will and won’t hear.
Jury Trial or Bench Trial
Not every trial involves a jury. In a bench trial, the judge alone hears the evidence and decides the outcome. There’s no jury selection, no need to translate technical issues for laypeople, and the judge typically reaches a decision faster. The judge must then issue written findings of fact and legal conclusions, which creates a clearer record for any appeal.4Legal Information Institute. Federal Rules of Civil Procedure Rule 52 – Findings and Conclusions by the Court; Judgment on Partial Findings
In criminal cases, the default is a jury trial. Waiving that right and opting for a bench trial requires the defendant to agree in writing, the government to consent, and the court to approve.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial Defense attorneys sometimes recommend bench trials when the facts are emotionally charged or the legal issues are highly technical. The rest of what follows describes a jury trial, which has more moving parts; the evidence and argument stages work much the same way in a bench trial.
Picking the Jury
Jury selection starts with a pool drawn from the community. A federal criminal jury has 12 members, though the parties can agree to fewer.5Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial Federal civil juries range from 6 to 12. The judge and attorneys then question potential jurors in a process called voir dire to identify biases or conflicts that would prevent a fair verdict.6United States Courts. Juror Selection Process
If a juror has a personal connection to the case or a prejudice that would affect their judgment, either attorney can ask the judge to remove that person “for cause.” There’s no cap on removals for cause as long as the reason is valid. Each side also gets a set number of peremptory challenges, which let them remove jurors without explanation.6United States Courts. Juror Selection Process One hard limit applies: the Supreme Court held in Batson v. Kentucky that peremptory challenges cannot be used to exclude jurors based on race.7Justia Supreme Court Center. Batson v. Kentucky, 476 U.S. 79 (1986) Courts have extended that prohibition to other protected characteristics like gender.
Opening Statements
Once the jury is seated, each side delivers an opening statement. This is a preview, not an argument. The attorneys outline what they believe the evidence will show, introduce the key people, and frame the central dispute. The side carrying the burden of proof goes first: the prosecution in a criminal case, the plaintiff in a civil case. The defense follows.
Attorneys aren’t supposed to argue or draw conclusions during opening statements, though in practice the line between previewing and arguing can blur.
The Evidence Phase
This is the heart of the trial. The side with the burden of proof goes first, calling witnesses and introducing documents, photographs, recordings, and other exhibits. Each witness goes through direct examination, where the attorney who called them asks open-ended questions. The judge controls how this unfolds to keep things efficient and protect witnesses from harassment.8Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence
Then the opposing attorney cross-examines. Cross is where trials get adversarial. The attorney can ask leading questions designed to challenge the witness’s account or credibility. Cross-examination generally stays within the scope of what was covered on direct, though the judge has discretion to allow broader questioning.8Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence
Throughout, attorneys raise objections when they believe the other side is offering testimony or exhibits that violate the rules of evidence. Common objections target testimony based on secondhand information the witness didn’t personally observe, questions that aren’t relevant, or questions that lead a witness toward a specific answer during direct. The judge rules on each objection in real time.
Once the plaintiff or prosecution finishes, they “rest,” and the defense gets its turn with the same direct-and-cross process. In criminal cases, the defendant has a constitutional right not to testify, and the jury is instructed that silence cannot be held against the defendant in any way. After the defense rests, the plaintiff or prosecution may present limited rebuttal evidence addressing new issues the defense raised.
When the Judge Can End the Case Early
After one side finishes presenting evidence, the other side can ask the judge to end the case without sending it to the jury. In civil trials, this is a motion for judgment as a matter of law. The judge grants it only if no reasonable jury could find in the other side’s favor based on the evidence presented.9Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial In criminal cases, the defense can move for a judgment of acquittal after the prosecution rests, arguing that the government hasn’t produced enough evidence to support a conviction.
Judges grant these motions sparingly. Courts strongly prefer to let juries decide disputed facts.
Closing Arguments
After all evidence is in, the attorneys deliver closing arguments. Persuasion is now explicitly the point. Attorneys summarize the evidence, highlight testimony that supports their theory, and explain why the facts and law lead to one conclusion. In federal criminal cases, the prosecution argues first, the defense responds, and the prosecution gets a brief rebuttal.10Legal Information Institute. Federal Rules of Criminal Procedure Rule 29.1 – Closing Argument Unlike openings, attorneys can draw inferences, point out contradictions, and argue what the evidence means.
Jury Instructions and the Burden of Proof
Before the jury deliberates, the judge reads them detailed instructions on the law. Both sides propose instructions, each trying to frame the legal standards in a way that favors their position. The judge makes the final call. These instructions matter because errors in them can be grounds for overturning the verdict on appeal.
The instructions always cover the burden of proof, and this is where civil and criminal trials diverge sharply. In a civil case, the plaintiff wins by showing that their version of events is more likely true than not, a standard called preponderance of the evidence. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt, which doesn’t require absolute certainty but does mean the evidence leaves no reasonable alternative explanation. Some specialized proceedings use a middle standard called clear and convincing evidence, which requires showing that a claim is highly probable.11Legal Information Institute. Clear and Convincing Evidence
Deliberation and Verdict
Once instructions are read, the jury retires to a private room. They elect a foreperson, then work through the evidence together. Jurors can review exhibits, request read-backs of testimony, and send written questions to the judge. Deliberations can last anywhere from a few hours to several weeks. No one outside the jury room knows what’s happening inside it.
In federal cases, the verdict must be unanimous in both civil and criminal trials, unless the parties in a civil case agree otherwise. Many states follow similar rules, though some allow non-unanimous verdicts in civil cases. When the jury reaches its decision, the foreperson announces the verdict in open court. Either side can ask the judge to poll each juror individually to confirm agreement.12Legal Information Institute. Federal Rules of Criminal Procedure Rule 31 – Jury Verdict
Hung Juries and Mistrials
Sometimes the jury can’t agree. When jurors are deadlocked and further deliberation seems futile, the judge may declare a mistrial. In federal criminal cases, the government can retry the defendant on any count where the jury couldn’t reach a verdict.12Legal Information Institute. Federal Rules of Criminal Procedure Rule 31 – Jury Verdict A mistrial can also be declared for serious problems during trial, such as juror misconduct, improperly introduced prejudicial evidence, or misconduct by an attorney or witness. Both sides then prepare for a new trial from scratch.
Settling During Trial
Even after trial begins, a civil case can still settle. Watching testimony unfold sometimes pushes one or both sides toward settlement. A witness who performs poorly, an exhibit that doesn’t land, or a jury that seems skeptical can all shift the calculus. Parties sometimes settle after the evidence closes but before the jury returns, when both sides want to avoid the all-or-nothing risk of a verdict. If they reach an agreement, the case is typically dismissed and the jury released.
After the Verdict
The verdict doesn’t always end the case. The losing side has options.
Post-Trial Motions
In a civil case, the losing party can file a renewed motion for judgment as a matter of law within 28 days of the judgment, asking the judge to overturn the jury’s verdict on the ground that no reasonable jury could have reached that conclusion. They can also request a new trial within the same window.9Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial These motions rarely succeed, but filing them is often required to preserve certain arguments for appeal.
Sentencing in Criminal Cases
A guilty verdict doesn’t mean the defendant is sentenced on the spot. Sentencing is a separate proceeding, typically weeks or months later. A probation officer first conducts a presentence investigation and prepares a report that calculates the recommended range under the federal guidelines, identifies the defendant’s criminal history, and flags any relevant factors. The defendant receives this report at least 35 days before the sentencing hearing and has 14 days to file objections.13Legal Information Institute. Federal Rules of Criminal Procedure Rule 32 – Sentencing and Judgment At the hearing, both sides argue for the sentence they believe is appropriate, and the defendant has the right to address the court directly.
Appeals
If post-trial motions don’t resolve things, the losing party can appeal. Appeals aren’t retrials. The appellate court reviews the trial record for legal errors, like improperly admitted evidence or incorrect jury instructions, rather than hearing new testimony. In federal civil cases, the notice of appeal must be filed within 30 days of the judgment. Criminal defendants face a tighter deadline of 14 days.14Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right; When Taken Miss the deadline and the right to appeal is usually gone.
At the Courthouse
If you’re going as a party, witness, or observer, plan for airport-style security. Federal courthouses prohibit weapons of any kind, and photography, video, and audio recording of proceedings are not allowed. Cell phones and other electronic devices may also be banned, and courthouses generally won’t store them for you, so leave them in your car or arrange storage elsewhere.15U.S. Marshals Service. What To Expect When Visiting a Courthouse Arrive early. Trials rarely start ahead of schedule, but being late can lock you out of the courtroom, and for parties and witnesses it can leave a lasting impression on the judge.