Who presents their case to the jury first?

Prosecution Evidence and Witnesses The state presents its case first. It has the burden of proving the defendant’s guilt, including all of the elements of the indicted offense or offenses, beyond a reasonable doubt. It can call witnesses and offer other evidence in order to meet its burden of proof.

Who are the parties on both sides of a criminal case?

In criminal trials, the state’s side, represented by a district attorney, is called the prosecution. In civil trials, the side making the charge of wrongdoing is called the plaintiff. (The side charged with wrongdoing is called the defendant in both criminal and civil trials.)

Is the jury present during a voir dire?

Where the trier of fact is a jury, a voir dire on the admissibility of evidence will typically be held in the absence of the jury. The evidence heard in a voir dire cannot usually form part of the evidence in a trial until it has been ruled admissible and then put forward in the trial by a party.

Who is in the jury box?

Members of a jury are called jurors and they have the responsibility of determining whether the defendant is guilty or not, based on the evidence presented in a trial. Jurors sit in a jury box and listen to all the evidence presented by both the defendant and the plaintiff or prosecutor.

How are prospective jurors selected for jury service?

The selection of prospective jurors should be governed by the following general principles: (a) The names of those persons who may be called for jury service should be selected at random from sources which will furnish a representative cross-section of the community.

When do I have right to jury trial?

[Use the navigation bar on the left side to go to a specific Part.] Standard 15- 1.1. Right to jury trial (a) Jury trial should be available to a party, including the state, in criminal prosecutions in which confinement in jail or prison may be imposed.

How many people can be on a jury?

A jury panel can be as few as six persons, or as many as twelve, with alternates selected and sitting in court in case one of the jurors is unable to continue. In a long trial, having alternates is essential; even in shorter trials, most courts will have at least two alternate jurors.

Can a civil trial have two alternate jurors?

In a long trial, having alternates is essential; even in shorter trials, most courts will have at least two alternate jurors. In both criminal and civil trials, each side has opportunities to challenge potential jurors for cause.

How does jury selection work in a civil case?

Jury selection. If the parties don’t request a jury, a judge hears a civil case in what is called a bench trial. If they do request a jury, the attorneys on each side will question potential jurors from the available pool in a process known as voir dire.

When does a party waive the right to a jury trial?

A: Except under the circumstances provided in Code of Civil Procedure section 631(d), (discussed in FAQ 1.4), a party has waived the right to a trial by jury in that action, unless another party on the same side of the case timely paid the nonrefundable jury fee. (Code Civ. Proc., § 631(f)(5).)

What is the non refundable jury fee in California?

What is the nonrefundable jury fee? A: At least one party demanding a jury on each side of a civil case must pay a non-refundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. (Code Civ. Proc., § 631(b).)

(b) The jury should consist of twelve persons, except that a jury of less than twelve (but not less than six) may be provided when the penalty that may be imposed is confinement for six months or less. (c) The verdict of the jury should be unanimous. (d) This chapter does not apply to procedures of military justice tribunals.