This statement describes what the case is about, gives a preview of what evidence will be presented, and basically outlines the nature of the argument for the jury. The trial begins by plaintiff's attorney addressing the jury. Next, an opening statement is generally made by defendant's attorney, although the defense attorney is permitted to waive his opening statement and wait until the plaintiff's case is completed before addressing the jury. The presentation of evidence begins after the opening statements. Plaintiff's attorney will present evidence first, followed by the defense.
Evidence consists of the testimony of witnesses and exhibits which the court allows into evidence.
All evidence must be legally admissible. Complex rules of evidence govern what is legally admissible, and disputes between the attorneys are resolved by the trial judge. These evidentiary rulings are important because they help determine what the jury will consider in arriving at their verdict, and errors by the judge in his or her ruling on evidence questions may provide the basis for a later appeal of the verdict. There are two basic types of evidence which can be presented. Testimony is oral evidence on any relevant matter given by a witness who is under oath.