The attorneys for the parties will each make and opening statement of what they intend to prove. Opening statements are not evidence. The evidence is presented after the opening statements. The plaintiff will usually present evidence to support his or her position first, and the defendant will then present his or her evidence. The plaintiff may then offer evidence to rebut explain any of the defendant's evidence.
Most evidence is presented by the oral testimony of witnesses who testify under oath.
The lawyer for the party who has called the witness proceeds with his or her questions, which are called a direct examination. When this is finished, the lawyer for the other party proceeds with his or her questions, called cross-examination. After the cross-examination has been concluded, the lawyer who called the witness may then ask questions on redirect examination. Oral testimony may have been taken prior to the trial. When a witness is not available, this previously recorded testimony, known as a deposition, may be read into evidence by the attorneys as if the witness were present and testifying.