Every trial is different, but there are certain common procedures. Before the trial begins, the attorneys for both sides file pre-trial motions requesting that the court rule on issues that affect the trial, parties, evidence, testimony, or points of law. The judge will hear the attorneys’ arguments on the motions and make a ruling. Both attorneys prepare proposed jury instructions with the court, which discuss the applicable law for the case. The attorneys select a jury together.
The trial begins when the plaintiff’s attorney and the defendant’s attorney each make an opening statement, which reviews the evidence they plan to present to the jury during the trial. The attorneys then present their evidence, such as witness testimony, medical records, and other documents. Expert witness testimony from qualified medical experts is crucial in medical malpractice cases. Each attorney makes a closing argument. The judge instructs the jury on the law, and the jury considers the evidence and returns a verdict.