The 12 steps in a trial move a case from the judge’s first pre-trial rulings through the jury’s verdict and any motions or sentencing that follow. Whether the dispute is civil or criminal, the sequence is the same: pre-trial motions, jury selection, opening statements, the prosecution or plaintiff’s case, a motion for a directed verdict, the defense case, rebuttal evidence, closing arguments, jury instructions, deliberation, the verdict, and post-trial motions or sentencing. Not every case reaches every stage — many settle or get dismissed along the way — but when a trial runs its full course, this is the path it takes.
Step 1: Pre-Trial Motions
Before a single juror is questioned, both sides file motions asking the judge to set the ground rules. The most common is a motion in limine, which asks the court to decide in advance whether a particular piece of evidence can be mentioned at trial. The usual goal is to keep something out: a defendant’s prior arrest, a plaintiff’s unrelated medical history, or a piece of hearsay that might color the jury’s thinking before anyone can object. If the judge grants the motion, neither the attorneys nor the witnesses can reference the excluded material in front of the jury.
These rulings matter because once a jury hears something, telling them to ignore it rarely works. Federal Rule of Evidence 403 gives judges broad authority to exclude relevant evidence when its value is substantially outweighed by the risk of unfair prejudice, confusion, or wasted time.1Legal Information Institute. Federal Rules of Evidence Rule 403 – Excluding Relevant Evidence for Prejudice, Confusion Under Rule 103, once the court makes a definitive pre-trial ruling on a piece of evidence, neither side needs to re-raise the objection at trial to preserve the issue for appeal.2Legal Information Institute. Federal Rules of Evidence Rule 103 – Rulings on Evidence A pre-trial ruling that knocks out a party’s strongest evidence can prompt a settlement or a change of strategy before opening statements ever happen.
Step 2: Jury Selection
The trial officially begins with jury selection, a process called voir dire. The court assembles a pool of potential jurors from the community, and the judge and attorneys question them to uncover biases, personal connections to the case, or anything else that would prevent fair deliberation. In federal civil cases, the court can conduct the questioning directly or let the attorneys do it.3Legal Information Institute. Federal Rules of Civil Procedure Rule 47 – Selecting Jurors Criminal cases follow a parallel process under Federal Rule of Criminal Procedure 24.4Office of the Law Revision Counsel. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors
Attorneys can remove jurors in two ways. A challenge for cause asks the judge to dismiss someone who has shown clear bias, such as a relative of the defendant or a person who admits they have already made up their mind. These challenges have no numerical limit as long as the attorney can demonstrate the reason. Peremptory challenges let an attorney dismiss a juror without giving any reason, but each side gets only a limited number. In federal felony trials, the prosecution gets six peremptories and the defense gets ten.4Office of the Law Revision Counsel. Federal Rules of Criminal Procedure Rule 24 – Trial Jurors Capital cases give each side twenty.
One major limit applies to peremptories: they cannot be used to exclude jurors based on race. In Batson v. Kentucky, the Supreme Court set out a three-step test. The opposing side must show a pattern suggesting the strikes were racially motivated, the attorney who made the strikes must offer a race-neutral explanation, and the judge decides whether that explanation is genuine or a pretext for discrimination.5Justia. Batson v Kentucky, 476 US 79 (1986) The same framework applies to gender-based strikes.
Jury size varies. Federal civil juries must have between six and twelve members.6Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling Federal criminal juries traditionally have twelve, though the Supreme Court has held that the Constitution does not require that exact number.7Justia. Williams v Florida, 399 US 78 (1970) Courts often seat alternates who step in if a sitting juror becomes unable to continue.
Not every trial uses a jury. In civil cases, both sides can agree to let the judge decide the facts, or the court may determine that no jury right exists for the particular claim.8Legal Information Institute. Federal Rules of Civil Procedure Rule 39 – Trial by Jury or by the Court In criminal cases, the defendant can waive the jury right in writing, but only with the government’s consent and the judge’s approval.9Legal Information Institute. Federal Rules of Criminal Procedure Rule 23 – Jury or Nonjury Trial When there is no jury, the judge handles both the legal rulings and the fact-finding, and the remaining steps still happen without a jury in the room.
Step 3: Opening Statements
Once the jury is seated, each side previews its case. The prosecution or plaintiff goes first because that side carries the burden of proof. In a criminal case that means proving guilt beyond a reasonable doubt. In a civil case the plaintiff usually needs to show their version is more likely true than not, a lower bar called preponderance of the evidence.
An opening statement is a roadmap, not an argument. The attorney lays out the key facts they expect the evidence to show, introduces the witnesses the jury will hear from, and frames the story they plan to tell. The defense then gives its own opening, often flagging weaknesses in the other side’s case or sketching an alternative explanation. Neither side is allowed to argue the law, draw conclusions about what the evidence means, or reference material the judge has already excluded. Judges will sustain objections to attorneys who cross those lines, and in extreme cases a particularly prejudicial opening can lead to a mistrial.
Step 4: The Prosecution or Plaintiff Presents Their Case
The side with the burden of proof goes first with what’s called the case-in-chief. This is usually the longest phase of the trial. The attorney calls witnesses one by one and asks open-ended questions through direct examination, designed to let the witness tell the story. After each witness finishes direct testimony, the opposing attorney gets to cross-examine. Cross-examination is limited to topics that came up during direct testimony and questions about the witness’s credibility.10Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence This is where attorneys test whether a witness’s story holds up under pressure.
Physical evidence — documents, photographs, recordings, forensic items — must be authenticated before the jury can consider it. Under the Federal Rules of Evidence, the party introducing an item must show it is what they claim it is, typically through testimony from a witness who can identify the item or explain how it was collected and preserved.11Legal Information Institute. Federal Rules of Evidence Rule 901 – Authenticating or Identifying Evidence A contract in a business dispute might be authenticated by the person who signed it. A weapon recovered at a crime scene needs a chain of custody showing who handled it and how it was stored.
Expert witnesses face stricter admission rules. Under Federal Rule of Evidence 702, an expert can testify only if the opinion is based on sufficient facts, reliable methods, and a sound application of those methods to the case at hand. The judge acts as a gatekeeper and can exclude expert testimony that doesn’t meet this standard. Claims fall apart at this stage more often than people expect. A plaintiff’s expert who can’t explain a methodology clearly, or a forensic analyst whose testing process doesn’t follow accepted protocols, may be barred from testifying at all.
Throughout this phase, the judge rules on objections about whether particular questions are proper or whether specific evidence is admissible. Those rulings happen in real time and can shift the trajectory of a trial. Once the prosecution or plaintiff has presented all its witnesses and evidence, it formally rests.
Step 5: Motion for a Directed Verdict
After the prosecution or plaintiff rests, the defense almost always files a motion asking the judge to end the case then and there. In civil trials, this is a motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. The standard is whether no reasonable jury could find for the other side based on the evidence presented so far.12Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial In criminal cases, the equivalent motion asks for a judgment of acquittal on the ground that the evidence is insufficient to sustain a conviction.
These motions are rarely granted. The bar is deliberately high; the judge must view all the evidence in the light most favorable to the side that presented it. But the motion is not just a formality. Filing it preserves the right to raise the same argument after the verdict. If the defense skips this step, it may lose the ability to challenge the sufficiency of the evidence on appeal. The motion can be filed at any point before the case goes to the jury, though it most commonly comes right after the prosecution or plaintiff rests.
Step 6: The Defense Presents Their Case
If the motion for a directed verdict is denied, the defense puts on its own case. The defense is never required to present evidence. In a criminal trial the defendant has no obligation to testify or call a single witness, because the burden of proof stays with the prosecution throughout. In practice, most defense attorneys present at least some evidence, whether it’s alibi witnesses, contradictory documents, or expert testimony challenging the other side’s theory.
The same rules apply in reverse. The defense conducts direct examination of its witnesses, and the prosecution or plaintiff then cross-examines them.10Legal Information Institute. Federal Rules of Evidence Rule 611 – Mode and Order of Examining Witnesses and Presenting Evidence Authentication requirements for physical evidence are identical. The judge continues ruling on objections and managing the pace of the trial. Once the defense has called all its witnesses and introduced all its exhibits, it rests.
Step 7: Rebuttal Evidence
After the defense rests, the prosecution or plaintiff may present rebuttal evidence. Rebuttal is narrow: it can only respond to new points the defense raised. This phase can’t be used to introduce evidence a party forgot or chose not to present during the case-in-chief. If the defense presented an alibi witness, for example, the prosecution might call a rebuttal witness who can contradict the alibi timeline.
In rare cases, the judge may allow the defense to respond with surrebuttal, which is limited to addressing only the new material from the rebuttal phase. Courts grant surrebuttal sparingly and only when fairness requires it. Once all rebuttal evidence is complete, the evidentiary phase of the trial is officially closed.
Step 8: Closing Arguments
Closing arguments are the last time the attorneys speak directly to the jury, and unlike opening statements, this is where actual argument happens. Each attorney reviews the evidence, explains why it supports their side, highlights weaknesses in the opposing case, and asks for a specific result. The prosecution or plaintiff goes first, followed by the defense.
Because the prosecution or plaintiff bears the burden of proof, that side also gets a brief rebuttal after the defense finishes. This final word is limited to responding to what the defense argued; it is not an opportunity to make entirely new points. If the defense chooses not to give a closing argument, which happens occasionally, the prosecution or plaintiff loses the right to rebuttal.
Effective closing arguments weave individual pieces of testimony and evidence into a coherent story. Attorneys point to specific moments from the trial: what a witness admitted on cross-examination, what a document proves, where the other side’s narrative doesn’t hold together.
Step 9: Jury Instructions
Before deliberation begins, the judge reads the jury a set of instructions explaining the legal standards they must apply. These instructions define the elements of the crime or civil claim, explain the burden of proof, and tell the jury what they can and cannot consider. In a fraud case, for example, the instructions might spell out that the plaintiff must prove the defendant made a false statement, knew it was false, and that the plaintiff relied on it to their detriment.
Jury instructions are where law meets fact. The attorneys typically submit proposed instructions in advance, and the judge decides which ones to give. Disputes over the wording of instructions are common and can become the basis for an appeal if the losing side believes the judge gave an instruction that misstated the law or left out an important legal principle. The instructions are the jury’s only guide to the law. Jurors are not expected to know it on their own, and the judge explicitly tells them to follow the instructions as given, even if they personally disagree.
Step 10: Jury Deliberation
The jury then retires to a private room to discuss the case. They select a foreperson to lead the discussion and serve as the point of contact with the court. Deliberation is entirely confidential. No one else is in the room, and jurors are prohibited from discussing the case with outsiders or conducting any independent research. Their decision must be based solely on the evidence admitted at trial and the judge’s instructions.
There is no time limit on deliberation. Some juries reach a verdict in hours; complex cases can take days or even weeks. If the jury has questions, they send a written note to the judge, who may call them back into the courtroom to provide clarification or reread a portion of the instructions. If deliberation stalls and the jury reports it cannot reach agreement, the judge may deliver what’s known as an Allen charge, additional instructions encouraging jurors to reconsider their positions while respecting their individual judgment. The Supreme Court approved this type of instruction in Allen v. United States, though some states have banned or restricted it.13Justia. Allen v United States, 164 US 492 (1896) If repeated efforts fail to produce a verdict, the judge declares a mistrial, and the case may be retried with a new jury.
Criminal verdicts in both federal and state courts must be unanimous, as the Supreme Court confirmed in Ramos v. Louisiana.14Supreme Court of the United States. Ramos v Louisiana, No 18-5924 (2020) Federal civil verdicts must also be unanimous unless the parties agree otherwise.6Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling Some state courts allow non-unanimous civil verdicts, so the rule depends on the jurisdiction.
Step 11: The Verdict
When the jury reaches a decision, they return to the courtroom and the foreperson or court clerk announces the verdict. In a criminal case, the verdict is guilty or not guilty on each charge. In a civil case, it is a finding of liability or no liability, often accompanied by a damages amount if the plaintiff wins.
Either side can ask the judge to poll the jury, meaning each juror is individually asked whether they agree with the announced verdict.6Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling If polling reveals that the required number of jurors did not actually agree, the judge can send them back to deliberate further or declare a mistrial. Once the verdict is confirmed, the jury is formally discharged.
Step 12: Post-Trial Motions and Sentencing
The trial doesn’t necessarily end with the verdict. The losing side has several options depending on the type of case.
In criminal cases, a guilty verdict moves to sentencing. Federal courts require a presentence investigation conducted by a probation officer, who prepares a detailed report covering the defendant’s background, the circumstances of the offense, and a recommended sentencing range under the federal guidelines. The judge then holds a sentencing hearing and must weigh several factors, including the seriousness of the offense, the need for deterrence, public safety, and the defendant’s personal history.15Office of the Law Revision Counsel. 18 USC 3553 – Imposition of a Sentence Sentencing can happen weeks or months after the verdict.
In civil cases, the judge enters a formal judgment based on the jury’s findings. The losing party may file a renewed motion for judgment as a matter of law, arguing that no reasonable jury could have reached that verdict, or a motion for a new trial within 28 days of the judgment.16Legal Information Institute. Federal Rules of Civil Procedure Rule 59 – New Trial, Altering or Amending a Judgment12Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial
Either side may also appeal. In federal civil cases, the notice of appeal must be filed within 30 days of the judgment. Federal criminal defendants have a shorter window of 14 days.17Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right, When Taken An appeal does not retry the facts. The appellate court reviews only whether the trial judge made legal errors that affected the outcome, such as improperly admitting evidence, giving flawed jury instructions, or denying a well-founded motion. Most trial verdicts survive appeal, but when errors are found, the appellate court can order a new trial or, in some cases, reverse the verdict outright.