Trial

A judicial examination of issues between parties to an action.

A hearing that takes place when the defendant pleads "not guilty,” and the parties are required to come to court to present evidence.

The examination of facts and law heard by a referee/judge with authority to hear the matter (jurisdiction). Each party is entitled to an opening statement by his/her attorney (or the party if he/she is representing himself/herself), limited to an outline of what each side intends to prove (the defense may withhold the opening statement until the defense is ready to present evidence), followed by the presentation of evidence first by the plaintiff, followed by the defense evidence, and then by rebuttal evidence by the plaintiff or prosecution to respond to the defense. At the conclusion of all evidence each attorney (plaintiff or prosecution first) can make a final argument which can include opinion and comment on evidence and legal questions. The judge will determine legal issues and decide factual questions and render (give) a decision in an order. Throughout a trial there may be various motions on legal issues.

The proceeding at which the government and the defense produce evidence for consideration by a trier of fact in open court. The trier of fact may be a judge or a jury. The trier of fact applies the law to the facts as it finds them and decides whether the defendant is guilty. The Sixth Amendment guarantees the right to trial by jury in all criminal cases other than those involving petty offenses.