How is evidence presented in a trial?
Most evidence is presented through the oral testimony of witnesses who speak under oath. During the course of the trial, the lawyers may object to certain testimony or other evidence that the opposing party offers. The judge then decides whether the law allows such evidence to be presented.
Who speaks first during a trial?
Opening Statements – The defendant has the right to a trial in which either a jury or the judge determines guilt. When the court is ready for the trial to begin, each side can make an opening statement. In a criminal case, the prosecuting attorney speaks first.
What happens to evidence after trial?
Typically, evidence from cases that are not pending appeal will be destroyed three years after the date of disposition. But evidence from all capital cases are kept either until the defendant dies on death row or at the end of their life span in prison.
Can you introduce new evidence at trial?
Yes, evidence can be submitted after discovery. Evidence can be submitted with or without approval from the opposing party, but it is possible that the opposing party may argue that any submission of additional evidence may be cause for a new trial. But “yes” is the short answer.
How do you get evidence in trial?
How Do You Introduce Exhibits at Trial?
- Mark the exhibit for identification.
- Show the exhibit to the opposing attorney.
- Request permission to approach the witness or hand the exhibit to the bailiff (learn more about courtroom etiquette)
- Show the exhibit to the witness.
- Lay the proper foundation for the exhibit.
How long is evidence kept after a trial?
Some departments are assiduous about destroying evidence, say, one year after a defendant has either been acquitted or sentenced; others hold onto evidence indefinitely, figuring that they’re better safe than sorry.