Describe two things that occur in the process of a trial before the trial starts.

Question

What will be an ideal response?

Answer 1

(a) A lengthy process of fact-finding by both sides, called discovery, is used to build the competing arguments. During discovery, either or both sides may issue subpoenas to force individuals to disclose information relevant to the case. (b) Pretrial motions to the court may seek to suppress certain evidence, to exclude certain witnesses or to alter the trial in other ways. (c) The formal process to select jurors is designed to reduce the potential for bias. Rules determine the venue of the trial, the venire from which potential jurors are drawn, and the questioning of jurors, or voir dire. Lawyers may challenge potential jurors peremptorily or for cause. (d) A motion for summary judgment asks the judge to dismiss the case before a trial because the facts in the case are uncontested.