The steps in a trial process run in a set order: pre-trial motions, jury selection, opening statements, presentation of evidence, closing arguments, jury instructions, deliberations, verdict, and then either sentencing or appeal. Each stage has its own rules, and the sequence is similar whether the case is civil or criminal. What changes is who carries the burden of proof, how high that burden is, and what happens after the jury speaks.
Jury Trial or Bench Trial
Not every case goes to a jury. In a bench trial, the judge hears the evidence and decides the outcome alone. Criminal defendants have a Sixth Amendment right to a jury for serious offenses, but they can waive it if the waiver is in writing, the prosecution consents, and the court approves.1Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial In civil cases, the Seventh Amendment preserves the right to a jury in federal court for disputes over $20.2Congress.gov. U.S. Constitution – Seventh Amendment Parties sometimes waive it anyway, especially when the issues are technical.
The steps below describe a jury trial, which has the most moving parts. A bench trial follows the same order for evidence and argument but skips jury selection, instructions, and deliberations.
Pre-Trial Motions and Disclosures
Before anyone is sworn in, the attorneys file motions that shape what the jury will see. The most common are motions in limine, which ask the judge to exclude specific evidence before trial begins. These are decided outside the jury’s presence, and if granted, the excluded material cannot be mentioned at trial. The jury never learns what was kept out.
Civil cases also go through discovery, where both sides exchange documents, identify witnesses, and share the evidence they plan to use. Federal rules require initial disclosures within 14 days of a planning conference, expert reports at least 90 days before trial, and pretrial disclosures of specific trial exhibits and witnesses at least 30 days before trial.3Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery By the time a civil trial starts, each side should already know what the other intends to put in front of the jury.
Selecting the Jury
Once the pre-trial issues are settled, a pool of prospective jurors is brought in. The judge and attorneys question them in a process called voir dire, looking for anyone whose background or views might prevent them from being impartial.4United States Courts. Juror Selection Process Questions range from general background to pointed inquiries about the issues in the case.
Attorneys remove jurors two ways. A challenge for cause argues a specific bias or inability to be fair; there is no limit on these, but the judge decides whether the reason is sufficient. A peremptory challenge removes a juror without any stated reason. Each side gets a limited number, and the count depends on the type of case. In federal felony trials, the defense receives more peremptory challenges than the prosecution.5U.S. District Court. The Voir Dire Examination Peremptory strikes cannot be used to remove jurors based on race, under the Supreme Court’s 1986 ruling in Batson v. Kentucky, and courts have extended that protection to gender-based strikes as well.6Justia U.S. Supreme Court. Batson v. Kentucky, 476 U.S. 79 (1986)
Opening Statements
Once the jury is sworn in, each side gives an opening statement. The party carrying the burden of proof goes first: the prosecutor in a criminal case, the plaintiff’s attorney in a civil one. Opening statements are not evidence. They are a preview of what each side believes the evidence will show.7United States Courts. Differences Between Opening Statements and Closing Arguments The defense can wait to deliver its opening until after the other side finishes presenting evidence, though that is uncommon.
Presenting the Evidence
This is the longest part of any trial. The side with the burden of proof goes first, calling witnesses and introducing documents, photographs, and other exhibits. This phase is the case-in-chief.
When an attorney questions a witness they called, it is direct examination, and leading questions are not allowed. The opposing attorney then cross-examines the same witness, where leading questions are permitted and the questioning is supposed to stay within the scope of the direct, though judges have discretion to allow more.8Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence When the plaintiff or prosecutor is done, they rest. The defense then has the option to put on its own case using the same direct-and-cross structure.
A criminal defendant is never required to testify or put on any evidence. The prosecution carries the entire burden of proving guilt, and the jury cannot hold the defendant’s silence against them.
How Much Proof Is Required
In criminal cases, the prosecution must prove each element of the crime beyond a reasonable doubt, the highest standard in the legal system. In civil cases, the plaintiff needs to prove their claims by a preponderance of the evidence, meaning it is more likely than not that their version is true. That gap in standards is why someone can be found liable in a civil case after being acquitted in a criminal one over the same facts.
Mid-Trial Motions
At certain points, either 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, which can be filed any time before the case goes to the jury and argues that no reasonable jury could find for the opposing side.9Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial In criminal trials, the equivalent is a motion for judgment of acquittal, which the defense files after the prosecution rests. If denied, it can be renewed within 14 days after a guilty verdict.10Justia Law. Federal Rules of Criminal Procedure Rule 29 – Motion for a Judgment of Acquittal
Judges grant these sparingly. The default is to let the jury decide. But even when denied, the motion preserves the issue for appeal.
Closing Arguments
After the evidence is in, both sides deliver closing arguments. Unlike the factual preview of an opening, a closing argument is openly persuasive. Attorneys tie specific testimony and exhibits to the legal standards the jury will apply, and point out weaknesses in the other side’s case. In federal criminal trials, the prosecution argues first, the defense responds, and the prosecution gets a final rebuttal, because it carries the burden of proof.11Legal Information Institute. Federal Rules of Criminal Procedure Rule 29.1 – Closing Argument
Jury Instructions
Before deliberations begin, the judge reads the jury a set of instructions explaining the legal rules they must apply. These instructions define the claims or charges, lay out the elements each side must prove, explain the burden of proof, and tell the jurors how to weigh the evidence. Either party can request specific instructions in writing, and any objections must be raised before the jury retires.12Legal Information Institute. Federal Rules of Criminal Procedure Rule 30 – Jury Instructions An objection raised too late can forfeit the right to challenge the instructions on appeal.
Jurors are not expected to know the law, so these instructions are their only guide for turning what they heard at trial into a legally sound verdict. Attorneys fight hard over the exact wording, because a single phrase can tilt how the jury reads the evidence.
Deliberations and the Verdict
The jury retires to a private room. Discussions are confidential, and deliberations can last a few hours or several days depending on the complexity of the case. Jurors review the evidence, weigh witness credibility, and apply the instructions.
Federal criminal verdicts must be unanimous. The Supreme Court held in Ramos v. Louisiana (2020) that the Sixth Amendment requires a unanimous jury to convict for a serious offense, and that this requirement applies in state courts as well.13Congress.gov. Amdt6.4.4.3 Unanimity of the Jury Federal civil juries also return unanimous verdicts by default, with a minimum of six members, though parties can agree in advance to accept a non-unanimous decision.14Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors; Verdict; Polling When the jurors reach a decision, they return to the courtroom and the foreperson announces the verdict: liability and sometimes a damages amount in a civil case, guilty or not guilty on each charge in a criminal one.
When Deliberations Fail
Sometimes the process breaks down. If a serious error occurs during trial, such as juror misconduct or the admission of prejudicial evidence, the judge can declare a mistrial and start over with a new jury. A hung jury, meaning jurors who cannot agree, usually prompts the judge to send them back to keep trying. If they still cannot reach a decision, the judge declares a mistrial. A hung jury mistrial is not an acquittal, and double jeopardy does not bar a retrial, a principle the Supreme Court set in United States v. Perez (1824).
Judgment and Sentencing
After the verdict, the judge enters a formal judgment, the official order that makes the outcome legally binding. In a civil case where the plaintiff wins, the judgment states the damages the defendant must pay. In a criminal case ending in conviction, the process moves to a sentencing hearing, often held weeks or months later so the judge can review a pre-sentence investigation report. The judge sets the punishment based on statutory ranges and the sentencing guidelines developed by the United States Sentencing Commission.15United States Department of Justice. Sentencing Crime victims have a federal right to be reasonably heard at sentencing, and their impact statements can be delivered in person, in writing, or through a representative.16Office of the Law Revision Counsel. 18 U.S. Code 3771 – Crime Victims Rights
Appealing the Verdict
A trial verdict is not always the final word. The losing party can appeal to a higher court on the ground that legal errors during the trial affected the outcome. Appeals are not new trials: the appellate court reviews the record and the judge’s rulings but hears no new evidence or testimony.
The deadlines are short. In federal civil cases, a notice of appeal must be filed within 30 days after the judgment is entered, or 60 days if the federal government is a party. In federal criminal cases, a defendant has 14 days.17Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right, When Taken State courts set their own deadlines, but the window is short everywhere. Missing the deadline usually means losing the right to appeal entirely.
One asymmetry matters in criminal cases: the prosecution generally cannot appeal an acquittal. If a jury finds the defendant not guilty, the verdict stands regardless of any errors that may have occurred. A defendant convicted at trial can appeal on grounds that include improper jury instructions, wrongly admitted evidence, or insufficient evidence to support the conviction.