The attorney for the defendant may then make an opening statement. The purpose of opening statements is to outline to the jury what each side, or party, believes the evidence will establish. Following the opening statements, the prosecuting attorney or the attorney for the plaintiff presents evidence. Thereafter, the defendant may present evidence. There may also be rebuttal evidence.
Testimony consists of statements made by witnesses under oath.
Exhibits are physical objects such as photographs and written documents. Each party has a right to ask questions of the other party's witnesses. Rules of evidence have been developed through the years so that we may have fair and orderly trials. When a question is asked or an item of evidence is offered which an attorney believes is in violation of these rules, the attorney has a right to object to the question or use of the exhibit. The judge then decides whether the question is to be answered by the witness or whether the item of evidence may be used.