When cases are not resolved at earlier stages, they proceed to trial. Trials can either be “bench trials” in which the judge decides both fact and law or “jury trials” in which the judge presides and determines the law but the jury makes most of the factual determinations.

Certain aspects of the trial are similar whether a case is tried to a jury or tried to the bench. For example, in both the parties or, if represented, their attorneys usually present an “Opening Statement” which is a roadmap of what the party intends to prove. The party with the burden of proof, usually the Plaintiff, goes first and such statements are generally short.

Evidence is then presented, both through live witnesses who are questioned by each side, and through documents obtained during discovery. At the end of the trial, attorneys for each side make closing arguments, commenting on the exhibits and testimony and a decision is made by either the judge or jury.