BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 6 - Civil Proceedings

    6.01 Trial Outline--Civil

        6.01.1 Trial Outline: Civil Outline
        6.01.2 Trial Outline--Civil: Other Sources

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

1. Have the case called for trial.

2. Jury is selected (see infra section 6.03: Jury selection—civil).

3. Give preliminary instructions to the jury (see infra section 6.05: Preliminary jury instructions—civil case).

4. Ascertain whether any party wishes to invoke the rule to exclude from the courtroom witnesses scheduled to testify in the case.

5. Plaintiff’s counsel makes an opening statement.

6. Defense counsel makes an opening statement (unless permitted to reserve).

7. Plaintiff’s counsel calls witnesses for the plaintiff.

8. Plaintiff rests.

9. Hear appropriate motions.

10. Defense counsel makes an opening statement if he or she has been permitted to reserve.

11. Defense counsel calls witnesses for the defense.

12. Defense rests.

13. Counsel call rebuttal witnesses.

14. Plaintiff rests on its entire case.

15. Defense rests on its entire case.

16. Consider appropriate motions.

17. Out of the hearing of the jury, rule on counsel’s requests for instructions and inform counsel as to the substance of the court’s charge. Fed. R. Civ. P. 51(b).

18. Counsel give closing arguments.

19. Charge the jury (see infra section 6.06: General instructions to jury at end of civil case). Fed. R. Civ. P. 51.

20. Rule on objections to the charge and make any additional appropriate charge.

21. Instruct the jury to go to the jury room and commence its deliberations.

22. Determine which exhibits are to be sent to the jury room.

23. Have the clerk give the exhibits and the verdict forms to the jury.

24. Recess court during the jury deliberations.

25. Before responding to any communications from the jury, consult with counsel on the record (see infra section 6.06: General instructions to jury at end of civil case).

26. If the jury fails to arrive at a verdict before the conclusion of the first day’s deliberations, provide for the jurors’ overnight sequestration or permit them to separate after instructing them as to their conduct and fixing the time for their return to resume deliberations. Provide for safekeeping of exhibits.

27. If the jurors report that they cannot agree on a verdict, determine by questioning whether they are hopelessly deadlocked. Do not inquire as to the numerical split of the jury. If you are convinced that the jury is hopelessly deadlocked, declare a mistrial. If you are not so convinced, direct the jurors to resume their deliberations.

28. When the jury has agreed on a verdict, reconvene court and take the verdict (see infra section 6.07: Verdict—civil).

29. Poll the jury on the request of either party.

30. Thank and discharge the jury.

31. Enter judgment upon the verdict. Fed. R. Civ. P. 58.

32. Fix a time for post-trial motions.

33. Adjourn or recess court.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Civil Litigation Management Manual 86–90 (Judicial Conference of the United States 2001)

Manual for Complex Litigation, Fourth 131–66 (2004)

William W Schwarzer and Alan Hirsch, The Elements of Case Management: A Pocket Guide for Judges (2d ed. 2006)

Effective Use of Courtroom Technology: A Judge’s Guide to Pretrial and Trial (2001)