What Happens at Trial?
Last updated: March 2026
A trial is the stage of a lawsuit where the parties present evidence, question witnesses, and make legal arguments before a judge or jury. Not every case reaches trial, but when it does, trial can determine liability, damages, and other important issues in the dispute.
What is a trial in a lawsuit?
A trial is a formal court proceeding in which the parties present their case for decision. In a civil lawsuit, trial may focus on whether the defendant is legally responsible, what damages were caused, and what relief may be appropriate. Some trials are decided by a jury, while others are decided by a judge.
Do all lawsuits go to trial?
No. Many civil cases settle, are dismissed, or are resolved through motion practice before trial. But trial remains an important part of the legal system because it is the process used when the parties cannot otherwise resolve the dispute.
What usually happens before trial?
Before trial, the case often goes through investigation, pleadings, discovery, depositions, motions, expert disclosures, and sometimes mediation or settlement negotiations. The court may also hold pretrial conferences to address scheduling, witness lists, exhibits, and evidentiary issues.
How does a trial usually begin?
In a jury trial, the process may begin with jury selection, sometimes called voir dire. During that stage, the court and attorneys question potential jurors to determine whether they can fairly hear the case. If the trial is before a judge alone, jury selection does not occur.
What are opening statements?
Opening statements are the parties’ first opportunity to explain what they believe the evidence will show. Openings are not evidence themselves. Instead, they are meant to give the judge or jury an overview of the case and the issues that will likely matter during the trial.
How is evidence presented at trial?
Evidence is usually presented through witness testimony and exhibits. Witnesses may include parties, fact witnesses, treating providers, experts, corporate representatives, and others with relevant knowledge. Exhibits may include documents, emails, photographs, records, product materials, charts, or other items admitted under the applicable rules.
What happens during witness testimony?
Witnesses are generally questioned first by the side that called them and then cross-examined by the opposing side. The judge may rule on objections during questioning. Testimony can be one of the most important parts of trial because it helps the factfinder evaluate credibility, detail, and consistency.
What role do experts play at trial?
In many civil cases, expert witnesses help explain technical, medical, financial, scientific, or industry-specific issues. Experts may testify about causation, damages, standards, testing, diagnosis, or other matters requiring specialized knowledge.
What are closing arguments?
Closing arguments happen after the evidence has been presented. Each side summarizes the evidence and argues why the judge or jury should rule in its favor. Like opening statements, closing arguments are not themselves evidence, but they are often a key part of how each side frames the case.
What is a verdict?
A verdict is the formal decision reached at the end of trial. In a jury trial, the jury may decide liability and damages, subject to the court’s instructions and applicable law. In a bench trial, the judge decides the issues. Depending on the outcome, further motions or an appeal may follow.
What happens after trial?
After trial, the court may enter judgment. The parties may file post-trial motions, challenge aspects of the outcome, seek to enforce the judgment, or appeal. So even after trial ends, the case may continue for some time.
Common questions people ask
- What happens during a civil trial?
- Do all lawsuits go to trial?
- What is the difference between a jury trial and a bench trial?
- What are opening statements and closing arguments?
- How are witnesses questioned at trial?
- What happens after a verdict?
Explore related lawsuit topics
Learn more about discovery, mediation, settlements, and the broader stages of civil litigation.
If you are trying to understand whether a legal issue may apply to your situation, you can share a few details below to get started.
Educational purposes only. Submitting this form does not create an attorney-client relationship.
Related Legal Guides
- How Lawsuits Work
- What Is Discovery?
- What Is a Deposition?
- What Is Mediation?
- What Is a Settlement?
- How Long Do Lawsuits Take?
