M Civ JI 97.10 Description of Trial Procedure

(1) Now I will explain some of the legal principles you will need to know and the procedure we will follow in this trial.

(2) First, [ Prosecutor, Attorney General, other Attorney ] will make an opening statement in which [ he/she ] will give [ his/her ] theory of the case. The other lawyers do not have to make opening statements, but if they choose to do so, they may make an opening statement after [ Prosecutor, Attorney General, other Attorney ] makes [ his/her ], or they may wait until later. These opening statements are not evidence. They are only meant to help you understand how each party sees the case.

(3) Next, [ Prosecutor, Attorney General, other Attorney ] will present [ his/her ] evidence. [ He/she ] may call witnesses to testify and may show you exhibits such as documents or physical objects. The other lawyers have the right to cross-examine, that is, to question, [ Mr./Ms. ________’s ] witnesses.

(4) After [ Prosecutor, Attorney General, other Attorney ] has presented all of [ his/her ] evidence, the other lawyers may also offer evidence, but they do not have to. If they do call any witnesses, [ Prosecutor, Attorney General, other Attorney ] has the right to cross-examine them. [ He/she ] may also call witnesses to contradict the testimony of the other parties’ witnesses.

(5) After all the evidence has been presented, the lawyers for each party will make their closing arguments. Like opening statements, they are not evidence. They are only meant to help you understand the evidence and the way each party sees the case. You must base your verdict only on the evidence.

Note on Use

The alternative language in subsections 2-4 recognizes that Petitioner is not always the State of Michigan or the Family Independence Agency.

History

M Civ JI 97.10 was added March 2005.