英美法法庭程序.doc

Opening Statements. After the jury has been chosen, the attorneys present their opening statements. The plaintiffs attorney begins. He or she explains to the jury what the case is about and what the plaintiffs side expects to prove. The defendants lawyer can usually choose either to make an opening statement immediately after the plaintiffs attorney finishes or to wait until the plaintiffs case has been completely presented. If the defendants attorney waits, he or she will present the entire case for the defendant continuously, from opening statement onward. Opening statements are valuable because they outline the case and make it easier for the jury to understand the evidence as it is presented. Presentation of the Plaintiffs Case. In the normal civil case, the plaintiffs side is first to present and attempt to prove its case to the jury and last to make closing arguments. In presenting the case, the plaintiffs lawyer will normally call witnesses to testify and produce documents or other exhibits. When a witness is called, he or she will undergo direct examination by the plaintiffs attorney. Then the defendants attorney will have the opportunity to ask questions or cross-examine the witness. The Arizona Supreme Court recently took steps to help jurors do a better job of making decisions in civil cases. Among other things, the states highest court voted to allow jurors to pose written questions to witnesses through the judge. Other states are considering implementing Arizonas new practice. Following the cross-examination, the plaintiffs lawyer may conduct a redirect examination, which may then be followed by a second cross-examination by the defendants lawyer. Generally speaking, witnesses may testify only about matters they have actually observed; they may not express their opinions. However, an important exception to this general rule is that expert witnesses are specifically called upon to give their opinions in matters within their areas of expertise. To qua