4. Trial Process – evidence is presented, and witnesses testify:

     This page is continued from Civil Law Self-Help >>>> Civil Proceedings:


     By applying rules of evidence, the judge determines which information may be presented in the courtroom.  So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness say, they are kept out of the courtroom until they testify.  A court reporter keeps a record of the trial proceedings, and a deputy clerk of court keeps a record of each person who testifies and any documents, photographs, or other items introduced into evidence.

     The opposing attorney may object if a question it invites the witness to say something that is not based on the witness’s personal knowledge, is unfairly prejudicial, or is irrelevant to the case.  Generally, the judge either overrules or sustains – allows – the objection.  If the objection is sustained, the witness does not answer the question, and the attorney must move on to his next question.  The court reporter records the objections so that a court of appeals can review the arguments later if necessary. [1]


Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: United States Courts, “Civil Cases”: http://www.uscourts.gov/about-federal-courts/types-cases/civil-cases


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