Utah Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form is a legal document that provides guidance to juries before the commencement of the trial. These instructions aim to ensure a fair and impartial trial by educating jurors about their responsibilities and the legal framework. Some key points covered in the Utah Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form include: 1. Purpose of the Trial: This instruction explains the purpose of the trial and emphasizes that the jurors' role is to listen to the evidence presented and decide the case based on the facts. 2. Burden of Proof: Jurors are informed about the burden of proof, which rests on the plaintiff or prosecution, and that the defense is not required to prove innocence. 3. Presumption of Innocence: This instruction highlights the principle that the defendant is considered innocent until proven guilty beyond a reasonable doubt, reminding jurors not to make any prejudgments. 4. Credibility of Witnesses: Jurors are instructed to evaluate the credibility of witnesses based on factors such as their demeanor, bias, and consistency. 5. Taking Notes and Asking Questions: This instruction explains whether jurors are allowed to take notes during the trial or ask questions, as it can vary from case to case. 6. Courtroom Decorum: Jurors are advised to maintain proper courtroom decorum and not to engage in any discussions regarding the case outside the deliberation room. It is important to note that the Utah Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form may vary depending on the type of trial and the specific court jurisdiction. Different types of short forms may exist based on the nature of the case, such as criminal, civil, or specialized areas like family law or personal injury. Overall, the Utah Jury Instruction — Preliminary Instructions Before Opening Statements — Short Form serves as a critical tool in guiding jurors and ensuring they have a clear understanding of their duties and responsibilities during the trial process. Adhering to these instructions helps maintain the integrity of the trial and the fairness of the final verdict.
Utah Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form
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The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.
An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement. The purpose of opening statements is to outline to the jury what each side contends the evidence will establish. A general idea of what the case is about is thus presented to the jury.
The opening statement is a lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
The prosecutor makes an opening statement first because the Government has the burden of proving that the defendant committed the crime.
Opening Statement Checklist State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not. Do not read your opening statement. ... Bring an outline, if necessary.