USNYWD's Pro Se Handbook
Chapter 8
Trial
8.01 | INTRO - TRIAL
8.02 | PRETRIAL PROCEDURES
Finally, at the pretrial phase the judge may instruct the parties as to particular procedures which the judge will use at the trial itself. The parties may also be required to submit trial briefs, proposed jury instructions and copies of exhibits/documents they intend to use at trial. As with all other aspects of a lawsuit in federal court, it is important to obey the instructions of the judge at the pretrial phase and at the trial itself.
8.03 | FUNCTION OF JUDGE AND JURY
If you have a "jury trial," the people on the jury will be selected by the methods described in Local Rule of Civil Procedure 47.1. Jury selection, that is determining who is qualified to sit on the jury, is also known as "voir dire." Local Rule of Civil Procedure 47.1 provides in part:
(a) The jury in a civil case shall consist of no fewer than six and not more than twelve members. All verdicts shall be by unanimous vote of the jurors. (b) Challenges shall be permitted as provided in 28 U.S.C. §1870 and Fed. R. Civ. P. 47(b)... (c) Unless otherwise ordered, interrogation of prospective jurors on voir dire examination shall be conducted by the Court...Peremptory challenges:
8.04 | OPENING STATEMENTS
8.05 | DIRECT AND CROSS EXAMINATION OF WITNESSES
Once the plaintiff has presented and questioned a witness, the defendant's attorney is entitled to question the plaintiff's witness about the matters that have been testified to on direct examination. Such questioning is called "cross-examination." On cross-examination, each party will attempt to challenge the testimony given by the other party’s witnesses. If a witness testifies as to one fact, and a statement or document in the files contradicts such testimony, the document can then be used to question the witness on the accuracy of the witness's statements. If the evidence produced shows that the testimony of the witness is false or inaccurate, the witness is considered "impeached" by the cross-examination. If, after cross-examination has been completed, the plaintiff has additional questions raised by the cross-examination, he/she may ask them on "redirect examination." Following redirect, the defendant's attorney may ask additional questions of the same witness on "re-cross-examination." This procedure is repeated for all of the witnesses called by the plaintiff.
Once the plaintiff's last witness has testified, the plaintiff rests his/her case. At this point, the defendant may, but is not required to, make a motion for a "directed verdict." This means that the defendant will try to establish that the plaintiff has failed to prove one or more of the essential elements of his/her claim for relief and that therefore the defendant is entitled to judgment in his favor as a matter of law. If this motion is not granted, the defendant will present his/her case by calling and questioning defense witnesses. The plaintiff will have the opportunity to cross-examine the defendant's witnesses and further questioning of each defense witness will take place as described above.
After each side has presented its witnesses and evidence, the judge may allow the plaintiff to present some rebuttal testimony.
During the questioning of witnesses by the pro se litigant and the defense attorney, exhibits such as documents or other items may be introduced and witnesses may be asked to answer questions about them.
8.06 | FEDERAL RULES OF EVIDENCE
There are many rules of evidence, and many books have been written explaining them. An example of an evidentiary rule is the "hearsay" rule which prohibits certain unreliable testimony. (Fed. R. Evid. 801-806.) Under the hearsay rule, a witness is generally not permitted to testify about anything that he/she does not have personal knowledge of. To illustrate, a witness may not testify that a friend told her that the friend saw the defendant beat up the plaintiff. That statement would be considered inadmissible because the witness in the example is only able to repeat what the friend said he saw. Because the friend is the person with personal knowledge of what happened, that friend should testify as to what he saw. The friend must be on the stand in order for the opposing party to be able to cross-examine him as to exactly what he saw. There are several exceptions to the hearsay rule found in the Federal Rules of Evidence. As noted above, this brief description of the hearsay rule is provided simply to illustrate one of the many rules of evidence. Before discovery begins and the trial of your case, you should carefully study the Federal Rules of Evidence and any specialized books on evidence which may be in the library.
8.07 | OBJECTIONS
8.08 | CLOSING STATEMENTS
8.09 | JURY INSTRUCTIONS
After the judge instructs the jury, the jury then "deliberates" (decides the case). The jury must evaluate the evidence and draw conclusions in reaching a verdict (decision). The jury verdict is announced in a decision announced by the Judge in open court. In a bench trial, the decision of the Judge may be announced in a written decision rather than in open court.
After either a jury or a bench trial, if a party believes the verdict is incorrect, he/she may appeal the decision or file a motion for new trial pursuant to Federal Rule of Civil Procedure 59.
8.10 | COSTS
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
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