On page 262 is an example of a general release in an employment discrimination case. If a matter cannot be settled, the judge will discuss with both attorneys how the case will proceed. The identity and order of witnesses and exhibits to be submitted at the trial will be agreed to before the trial begins. In many types of labor cases, either party can request that a jury decide the case rather than a judge. A jury trial usually involves 12 people, although some states allow as few as 6.
Some states permit a civil jury's decision to be less than unanimous.
The first step of the trial begins with jury selection if a jury has been requested by either side. Lawyers seek answers to certain questions in the attempt to learn if a person has an open mind and is not biased. After attorneys for both sides dismiss certain people and retain others, the jury is picked and the trial begins. The plaintiff's lawyer will begin the trial with an opening statement. This is a speech designed to tell the judge or jury about the nature of the case, what the plaintiff intends to prove from the facts, and what kind of damages are sought.