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Montana Handout - Procedure for Civil Bench Trial
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Shape the Judge's View of Your Case Prior to Trial. Use the Judge's Published Opinions as a Roadmap to Success. Know and Understand Your Audience. Prepare to Be Flexible. Conclusion.
The key difference between a bench trial and a jury trial is whether or not there is a jury to decide the outcome of the case or whether a judge makes a decision.In a bench trial, however, there is no jury who listens to the evidence and decides on the truth of each opposing party's case.
Step One: Know The Details Of The Suit. Step Two: Get Your Story Straight. Step Three: Do Your Research. Step Four: Understand The Law. Step Five: Take Care Of Yourself. When In Doubt, Hire A Lawyer.
Choosing a Jury. Opening Statements. Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction. Jury Deliberation and Announcement of Verdict.
Generally speaking, a bench trial is advantageous really in only a small percentage of trials. A jury trial is usually heavily favored by most defendants because it allows twelve persons, rather than one, to determine witness credibility and, in some cases, unreasonable conduct by police.
Read the Complaint. Find copies of contracts and any other written communications between you and the other side. Analyze the strengths and weaknesses of your case. Prepare your documents and evidence for trial. Identify and prepare any witnesses. Practice, Practice, Practice your presentation.
In a criminal proceeding in state court, a defendant may face a jury trial or a bench trial.At a bench trial, the judge makes the same procedural decisions, hears the evidence, and decides whether the defendant is guilty or not guilty.
In a bench trial, the judge makes the final decision in the case after hearing the evidence. The judge not only decides the legal issues in the case, but is also the fact finder who decides who to believe and who ultimately wins or loses.