Before Trial Begins

Before a civil case reaches trial, the parties typically engage in discovery, pre-trial motions, and often mediation or settlement discussions. If the case does not resolve, it is scheduled for trial before a judge and, in jury cases, a panel of jurors.

Jury Selection (Voir Dire)

A civil jury trial usually begins with jury selection, also known as voir dire. During this process, potential jurors are questioned by the
court and attorneys to determine whether they can be fair and impartial.

Jury selection helps identify bias, ensure jurors can follow the law, and assemble a jury capable of evaluating the evidence presented at trial.

Opening Statements

After the jury is selected, each side presents an opening statement. Opening statements are not evidence. Instead, they provide a roadmap of what each party expects the evidence will show and how the case fits within the law.

Presentation of Evidence and Witness Testimony

The parties then present their cases through witness testimony, documents, exhibits, and other evidence. Witnesses may include fact witnesses and expert witnesses, depending on the issues involved.

Each witness is subject to direct examination and cross-examination, allowing both sides to test credibility and reliability.

Closing Arguments

Once all evidence has been presented, each side delivers a closing argument. Closings summarize the evidence, connect it to the legal standards provided by the court, and explain why the verdict should favor their position.

Jury Instructions

Before deliberations begin, the judge provides the jury with instructions explaining the law that applies to the case. Jurors must follow these instructions when evaluating the evidence and reaching a verdict.

Jury Deliberation and Verdict

After receiving instructions, the jury deliberates privately. During deliberations, jurors discuss the evidence, apply the law, and work toward reaching a verdict.

Once a verdict is reached, it is announced in open court and becomes part of the official record.

What Happens After the Verdict?

After a verdict, the court may enter a final judgment. In some cases, post-trial motions or appeals may follow, depending on the circumstances and legal issues involved.

Civil Jury Trials vs. Bench Trials

Not all civil cases are decided by juries. Some cases are tried solely before a judge, known as a bench trial. Whether a case proceeds to a jury or bench trial depends on the claims asserted, procedural rules, and strategic considerations.

For a broader overview of civil trials generally, see our page on Civil Trials in Florida: What to Expect.