What Does It Mean When a Case Goes to Trial? Trial Stages

A case going to trial means settlement talks failed, every pre-trial motion has been resolved, and a judge or jury is now going to decide the dispute directly. It is the last stop in litigation, not the first.

Most cases never get here. Over 90 percent of civil lawsuits settle or get resolved by motion before a single witness takes the stand. The cases that do reach trial follow a strict, predictable sequence that rarely changes from courtroom to courtroom.

What Does It Mean When a Case Goes to Trial?

A case going to trial means a judge or jury will now hear evidence directly and issue a binding decision, since the parties could not resolve the dispute beforehand. Everything before this point was preparation for this moment.

What matters here is what trial actually represents: the end of the road. Before reaching it, the case survived pre-trial motions like motions to dismiss and summary judgment, completed discovery, and failed to settle despite negotiation. Trial is what happens when none of the earlier exits worked.

That doesn’t mean trial is rare because it’s exceptional. It’s rare because it’s expensive, slow, and unpredictable for both sides. Most plaintiffs and defendants have strong incentives to avoid it if a reasonable settlement is on the table, which is why defending against a lawsuit often focuses on resolving things long before a courtroom is involved.

Types of Trials

The two main types of trial are jury trials, decided by a panel of citizens, and bench trials, decided by a judge alone. Which one applies depends on the type of case and what the parties choose.

In federal civil cases seeking more than a small dollar threshold, the Constitution guarantees a jury trial unless both sides waive that right. Criminal defendants have a constitutional right to a jury trial as well, though they can choose a bench trial instead.

A bench trial removes the jury entirely. The judge hears the evidence, applies the law, and issues the verdict personally. Parties sometimes prefer this when the case turns on complex legal or technical issues a judge may evaluate more consistently than a jury.

Criminal trials add another layer most civil cases don’t have: the prosecution must prove guilt beyond a reasonable doubt, a far higher bar than the preponderance of the evidence standard used in civil court.

Stages of a Trial

Every trial moves through the same core stages: jury selection, opening statements, presentation of evidence, closing arguments, jury instructions, deliberation, and verdict. The order rarely changes, even though the substance of each stage does.

The pattern is familiar to anyone who has watched a trial unfold from start to finish, the same way the structure of filing a lawsuit itself follows a predictable sequence long before trial ever becomes a possibility. Lawyers present opening statements. The plaintiff or prosecution calls witnesses and produces evidence first, since they carry the burden of proof. The defense responds with its own witnesses and evidence. Closing arguments follow, then jury instructions, then deliberation, then verdict.

The practical implication is this: nothing said by the lawyers in opening or closing statements counts as evidence. Only witness testimony and admitted exhibits do. Jurors are explicitly instructed to base their decision strictly on what was presented, not on how persuasively either side argued it.

Jury Selection

Jury selection, called voir dire, is the process where attorneys and the judge question potential jurors to seat a panel without disqualifying bias. It happens before any evidence is presented.

A pool of potential jurors is called to the courtroom. The judge briefly explains the case. Then attorneys, sometimes alongside the judge, ask questions designed to uncover anything that might prevent a juror from deciding the case fairly: personal connections to the parties, prior knowledge of the case, or strong opinions related to the subject matter.

Two types of challenges remove jurors from the pool. A challenge for cause requires a specific reason, like an obvious conflict of interest, and the judge decides whether to grant it. A peremptory challenge lets an attorney remove a juror without stating a reason, though it cannot be used to exclude jurors based on race or gender.

Federal criminal juries have 12 members. Federal civil juries can range from 6 to 12, with all seated jurors participating in the verdict. The exact number of peremptory challenges available to each side depends on whether the case is civil or criminal and on the specific court’s rules.

Opening Statements

Opening statements are each side’s roadmap of what the evidence will show, not argument and not evidence themselves. The side carrying the burden of proof goes first.

In a civil case, that means the plaintiff’s attorney speaks before the defendant’s attorney. In a criminal case, the prosecution goes first, followed by the defense.

An opening statement previews witnesses, previews documents, and lays out the theory of the case the attorney intends to prove. Attorneys generally cannot make arguments or draw conclusions yet. That comes later, at closing.

This is the core principle: anything promised in an opening statement that never actually gets proven through evidence can be used against that side later. Overpromising in an opening statement and underdelivering with evidence is a common, avoidable mistake.

Presenting Evidence

Presenting evidence is the heart of the trial, where each side calls witnesses and introduces documents or physical exhibits to prove their version of events. This stage typically takes the most time.

The plaintiff or prosecution presents its case-in-chief first. Witnesses testify under direct examination by the attorney who called them, then face cross-examination from the opposing side. A redirect examination can follow to clarify anything the cross-examination muddied.

Here is where it gets complicated. Evidence rules determine what jurors are actually allowed to hear. Hearsay, irrelevant testimony, and improperly authenticated documents can all be excluded through objections the opposing attorney raises in real time.

Once the plaintiff or prosecution finishes, the defense can move for a directed verdict, arguing the other side failed to prove even the basic elements of their case. If denied, the defense presents its own witnesses and evidence using the same process.

Closing Arguments

Closing arguments let each attorney argue, for the first time, how the evidence proves their side should win. Unlike opening statements, real argument is allowed here.

The plaintiff or prosecution argues first, walking the jury through the testimony and exhibits and explaining why they satisfy the legal standard required to win. The defense follows with its own closing, attacking weaknesses in the other side’s case and reinforcing its own.

In many civil cases, the plaintiff’s attorney gets a brief rebuttal after the defense closes, since the plaintiff carries the burden of proof and gets the final word. Closing arguments are not evidence, but they are often what jurors remember most clearly heading into deliberation.

Jury Deliberations

Jury deliberation is the private process where jurors discuss the evidence and arguments, then reach a verdict, with no outside contact permitted. Before deliberation starts, the judge instructs the jury on the relevant law.

No juror discusses the case with outsiders. No juror reads news coverage of the trial. No juror does independent research. These rules exist to keep the verdict based strictly on what was presented in court.

The jury selects a foreperson to organize discussion. Deliberations can take hours or, in complex cases, days. Federal criminal verdicts must be unanimous. Civil verdicts are unanimous in some states and allow a strong majority, often 9 of 12 jurors, in roughly 30 states.

If a jury cannot reach the required agreement, the result is a mistrial caused by a deadlocked jury, sometimes called a hung jury. The case does not end there. Retrying the case, or in some instances revisiting settlement options instead of going through trial a second time, both remain on the table after a hung jury.

Verdict and Judgment

A verdict is the jury’s or judge’s decision on liability or guilt; a judgment is the court’s formal, enforceable ruling based on that verdict. The two terms get used loosely but mean different things procedurally.

In a civil case, the verdict determines whether the defendant is liable and, if so, how much in damages they owe. In a criminal case, the verdict determines guilt or innocence, with sentencing handled separately afterward.

The verdict is read aloud in open court with both sides present. Once entered, the losing party generally has the right to appeal, though an appeal does not retry the facts. One recent case shows what a verdict looks like once every appeal option is exhausted and the result becomes permanent.

After a civil verdict, the defense can move for a new trial or judgment as a matter of law, arguing the verdict was unsupported by the evidence. One high-profile judgment illustrates how a verdict can become final on liability while collection on the resulting judgment remains an entirely separate, ongoing fight.

State Law Variations

Jury size, verdict unanimity requirements, and the number of peremptory challenges available to each side all vary by state and by whether the case is civil or criminal. Some states require unanimous civil verdicts; others accept a strong majority.

Federal trials follow the Federal Rules of Civil Procedure or Federal Rules of Criminal Procedure depending on the case type, plus each district’s local rules. State court trials follow that state’s own civil or criminal procedure code, which can differ meaningfully from federal practice on jury size and challenge numbers.

Common Misconceptions About Trials

A trial is not where most cases get decided. The overwhelming majority resolve through settlement or pre-trial motion long before a jury is ever selected.

Opening and closing statements are not evidence, regardless of how persuasive or detailed they sound. Only witness testimony and admitted exhibits count toward the verdict.

A verdict is not always the final word. Post-trial motions and appeals can still change the outcome before a judgment becomes truly final and enforceable.

Key Takeaways