Guide · Litigation
Trial Practice and Juries: A Comprehensive Guide to Selection, Examination, Objections, and Verdicts
28 U.S.C. § 1861
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-02-21
- Topic
- Litigation
This guide covers civil trial practice from the final pretrial conference through post-trial motions. It begins with the right to a jury and its waiver, then treats the pretrial order and motions in limine that determine what the fact finder will ever hear. Jury selection follows, covering the statutory framework for the venire, challenges for cause, peremptory challenges, and the constitutional limits established by Batson and its civil and gender extensions. Central parts cover opening statements, direct and cross-examination technique, the mechanics of exhibit admission and authentication, the hearsay framework and its principal exceptions, expert testimony and its foundations, and the objections that matter with the preservation requirements attached to each. Later parts address the mid-trial motion for judgment as a matter of law, the instruction conference and its forfeiture rule, special and general verdicts, deliberation and jury communications, post-trial motions, and the distinctive features of bench trials.
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