If a settlement could not be reached through pre-trial mediation, then your Jacksonville accident case will go to trial. The following is a list of what you might expect if that happens.
- Jury selection. A jury of your peers will be selected, and will be asked a series of questions during a phase known as voir dire. If any jurors state that they believe that they would not be able to make decisions in your case in a fair and unbiased way, they may be excused for cause. Attorneys for either side may make a peremptory challenge and eliminate a juror for any reason. In some states, a jury of 12 must be seated, but the number needed is some states may be less than that. If no jury is seated and is adjudicated solely by the judge, it is known as a bench trial.
- Opening statements. Opening statements are made once the jury has been chosen. The attorney for the plaintiff (the party bringing suit) will speak first, followed by the defense. Opening statements provide the jury with the opportunity to hear both sides in the case and what lawyers believe
- Evidence. Each side presents the evidence which it feels bolsters its case. Witnesses are called to face direct examination by the attorney(s) who called them. Counsel for the opposing side may also cross-examine the witnesses. Essentially, questioning will continue until each side is out of questions. The judge may ask questions as well, but may choose not to do so.
- Exhibits. Exhibits are tangible pieces of evidence such as clothing or photographs which may be submitted by each side in support of the case.
When each attorney has called all witnesses and presented all evidence and/or exhibits, then that attorney will “rest.” The opposing attorney has the opportunity to for rebuttal to contradict any evidence presented. Either side may offer rebuttal in the case.
- Jury instructions. The judge instructs the jury to consider the relevant laws in the case, and to make its decision based only on those laws.
- Closing arguments. During closing arguments, the attorney for the plaintiff speaks first, followed by the defense attorney. The attorney for the plaintiff gets the opportunity to speak last.
- Jury deliberations. The jury convenes to reach a decision in the case.
The Law Offices of Paul J. Healy have served Jacksonville and the North Florida counties of Duval, Baker, Clay, Nassau and St. Johns in the areas of accidents, personal injury and probate since 1989.
