When settlement proves impossible, car accident cases proceed to trial. The trial process follows a structured sequence from jury selection through verdict. Understanding this process helps parties prepare for their day in court.
Pre-Trial Conference
Before trial begins:
Final Pre-Trial Order
The court issues orders governing trial procedures.
Exhibit Lists
Parties finalize lists of exhibits they will use.
Witness Lists
Parties identify witnesses who will testify.
Motions in Limine
Pre-trial rulings on evidence admissibility.
Trial Schedule
Establishing how long trial will take and daily schedules.
Jury Selection (Voir Dire)
Selecting the jury:
Jury Pool
Potential jurors are summoned from the community.
Questioning
Attorneys and sometimes the judge question potential jurors.
Challenges for Cause
Removing jurors who cannot be fair.
Peremptory Challenges
Limited challenges requiring no stated reason.
Jury Composition
Typically 6-12 jurors plus alternates.
Strategic Selection
Each side seeks jurors likely to be sympathetic.
Opening Statements
Each side previews their case:
Plaintiff First
Plaintiff’s attorney outlines what the evidence will show.
Defense Response
Defense may give opening immediately or reserve until later.
Roadmap Function
Openings help jurors understand what to expect.
No Argument
Openings present facts, not argument.
First Impressions
Strong openings establish case themes.
Plaintiff’s Case-in-Chief
Plaintiff presents evidence first:
Witness Testimony
Direct examination of plaintiff’s witnesses.
Cross-Examination
Defense questions each witness.
Redirect
Plaintiff may ask follow-up questions.
Document Introduction
Exhibits are admitted and shown to jury.
Expert Testimony
Experts present technical opinions.
Building the Case
Evidence should prove each element of the claims.
Motion for Directed Verdict
After plaintiff rests:
Defense Motion
Defense may argue plaintiff failed to meet burden.
Rarely Granted
Courts typically let cases go to jury unless evidence is clearly insufficient.
Preserved Issue
The motion preserves issues for appeal.
Defendant’s Case
Defense presents its evidence:
Defense Witnesses
Testimony supporting defense positions.
Cross-Examination
Plaintiff questions defense witnesses.
Alternative Theories
Defense may present alternative explanations.
Affirmative Defense Evidence
Evidence supporting comparative fault or other defenses.
Rebuttal
Plaintiff may respond to defense case:
Limited Scope
Rebuttal addresses only matters raised by defense.
New Evidence
Cannot introduce entirely new claims or theories.
Surrebuttal
Defense may briefly respond to rebuttal.
Closing Arguments
Final arguments to the jury:
Plaintiff Argues First
Summarizing evidence and urging verdict.
Defense Response
Presenting defense perspective on evidence.
Plaintiff Rebuttal
Final word addressing defense arguments.
Persuasion Opportunity
Attorneys argue inferences from evidence.
Damage Requests
Plaintiff requests specific dollar amounts.
Jury Instructions
Judge instructs jury on the law:
Legal Standards
Explaining negligence, causation, and damages.
Burden of Proof
Describing preponderance standard.
Specific Issues
Instructions on comparative fault, credibility, etc.
Written Instructions
Jurors typically receive written copies.
Pre-Instruction
Some courts instruct before closing arguments.
Jury Deliberations
Jurors consider the case:
Private Discussion
Only jurors participate in deliberations.
Review Evidence
Jurors may review exhibits and testimony.
Questions
Jurors may send questions to the judge.
Verdict Form
Jurors complete forms answering specific questions.
Unanimity Requirements
Some courts require unanimous verdicts.
The Verdict
Jury announces decision:
Liability Finding
Whether defendant is liable.
Comparative Fault
Allocation of fault among parties.
Damages
Dollar amounts for each category.
Reading in Court
Verdict is read in open court.
Polling
Parties may request individual juror confirmation.
Post-Trial Motions
After verdict, additional proceedings may occur:
Motion for Judgment Notwithstanding Verdict
Arguing verdict was against the weight of evidence.
Motion for New Trial
Requesting new trial based on errors.
Remittitur/Additur
Motions to reduce or increase damages.
Post-Trial Briefing
Written arguments on post-trial motions.
Entry of Judgment
The court enters formal judgment:
Calculation
Applying comparative fault and other adjustments.
Interest
Prejudgment and post-judgment interest.
Costs
Taxable costs to the prevailing party.
Formal Order
Written judgment document.
Practical Guidance
Prepare thoroughly for every aspect of trial.
Know your strongest evidence and present it effectively.
Anticipate opposing evidence and prepare responses.
Present credible, sympathetic witnesses.
Use exhibits effectively to illustrate key points.
Request jury instructions that support your theory.
Deliver compelling opening and closing arguments.
Trial is the culmination of the litigation process. Thorough preparation and effective presentation determine outcomes when cases cannot be resolved through negotiation.
Sources:
- Trial procedures: Federal Rules of Civil Procedure and state equivalents
- Jury trial rights: Seventh Amendment and state constitutional provisions
- Jury instruction standards: Pattern jury instructions