In the Courtroom: Who Does What?

If you have an upcoming trial, whether it's a civil lawsuit or a criminal case, you may have questions about what to expect. The court system is complicated, both in terms of structure and procedure.

There are several key players in a courtroom setting. Your court experience will differ depending on your role in the litigation. For example, a juror in a jury trial will have a vastly different experience than the criminal defendant in the case.

The people involved in a court case generally include the following:

• Plaintiff(s) (i.e., the person or entity that filed the lawsuit)
• Defendant(s) (i.e., the person or entity the plaintiff has sued or the person whom the government charged with a crime)
• Witnesses who parties call to testify in the case
• Attorneys for the parties (e.g., the plaintiffs and defendants) and witnesses
• Judge
• Jurors
• Court staff (e.g., the court reporter, the clerk, the bailiff, etc.)

Each person in the courtroom has a different role. The following sections describe these different roles and what you can expect if you have an upcoming court hearing or appearance.

The Parties

The people or entities directly involved in a lawsuit are called parties. They are plaintiffs (the party who filed the civil case) or defendants (the party the plaintiff sued in a civil action or the government accused in a criminal case).

Plaintiff

The plaintiff in a civil case is the person, corporation, or other entity that files the lawsuit. At the trial court level, they have the burden of proof with regard to their claims.

Generally, the plaintiff in a civil case must prove each element of their case by a preponderance of the evidence. This means that they must prove each allegation they make is more likely to be true than not.

In a criminal case, the government acts as the plaintiff and prosecutes the criminal defendant. The prosecution must prove each element of the charged crimes beyond a reasonable doubt to secure a guilty verdict.

The plaintiff or prosecution presents their case to the court first. Once they finish presenting their case, the defendant will present theirs.

Defendant

In a civil case, the defendant is the person, corporation, or entity against whom the plaintiff files their lawsuit. In a criminal case, the defendant is the person, corporation, or entity against whom the government has filed criminal charges.

The defendant may present defenses to the plaintiff's claims. Their job is to show the plaintiff hasn't met their burden of proof.

Witnesses

Witnesses testify about the disputed facts or issues in the case. They sit on the witness stand, facing the courtroom. The judge swears in witnesses before they testify. The witness must take an oath to tell the truth before they testify.

Any party to the litigation may call witnesses to testify about the case. They generally provide more information about the facts at issue in the case. There are several different types of witnesses, including the following:

• Character witnesses testify as to a person's character or reputation. For example, a party calling a character witness to testify about the person who allegedly committed fraud would testify as to whether they believe the person is honest or truthful.
• Fact witnesses offer testimony regarding facts at issue in the case. For example, in an elder abuse case, a party may call a caretaker to testify about the alleged abuser's acts toward the elder.
• Expert witnesses are witnesses who possess specialized knowledge about a topic at issue in the case. For example, in a medical malpractice case, a party may hire an expert witness to testify whether a doctor's actions met specific standard of care requirements.

Because parties call witnesses to testify, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses.

If witnesses don't willingly appear to testify, parties may subpoena them. A subpoena is a court order that requires someone to appear in court or produce specific documents. If the party disobeys the subpoena, the court may issue sanctions against the potential witness.

Read FindLaw's article, Do's and Don'ts - Being a Witness, for more information about witnesses.

Lawyers

Any party to a case may hire an attorney to represent them. In a criminal case, the court will appoint an attorney for the defendant if they prove they can't afford one. Parties to a civil case don't have a right to counsel. They can hire counsel, but the court will not appoint one. In some states, parties to small claims cases can't hire attorneys.

Each lawyer's task is to provide legal advice to their clients and present their case in the most favorable light. Generally, an attorney will handle all aspects of a case for their client.

The client, however, is ultimately in charge of how to proceed in the case. Although an attorney may recommend certain courses of action, the client can decide which route to take. For example, an attorney may recommend taking a case to trial, but the client may decide to pursue a settlement agreement instead.

In a criminal case, the government's lawyer is called the prosecutor. The prosecutor is usually an assistant district attorney (state court cases) or assistant U.S. attorney (federal court cases). A public defender or private attorney may represent a criminal defendant. A criminal defendant who cannot afford an attorney (an indigent defendant) may ask the court to appoint an attorney for them.

An attorney can also provide advice regarding alternative dispute resolution (ADR), which involves alternative ways to resolve a legal dispute compared to a trial. Popular methods of ADR include mediation and arbitration. An experienced attorney can advise whether the proposed settlement offer or demand is reasonable.

Of course, attorneys usually don't work for free. Generally, parties must pay their own attorney fees. But sometimes, the court's judgment may order the opposing party to pay for the prevailing party's legal fees.

The Judge

Whether your case is in state court or federal court, and whether it's a civil or criminal case, a judge will preside over your courtroom appearance.

The judge ensures that all parties get a fair trial. This includes ensuring the parties follow proper procedures (e.g., a criminal or civil procedure), observe courtroom decorum, and respect the judiciary and legal process.

The judge's other roles in a court proceeding include the following:

• To determine whether the evidence presented conforms to the applicable rules of evidence
• In jury trials, to instruct the jury as to the law and standards applicable to the dispute before jury deliberations begin
• In bench trials, to decide matters of law and fact and issue an opinion or judgment containing the court's decision
• To sentence convicted criminal defendants

For more information, read FindLaw's article on a judge's role in court and on appeal.

The Jury

The jury consists of jurors who decide the facts of the case. When the facts in a case conflict, the jury resolves the conflict. For example, in a civil lawsuit involving a car accident, the drivers may have conflicting versions of the events leading to the accident. The jury will listen to the parties present their cases. After the parties rest their cases, the jury will decide which driver was at fault. Their decision is called a verdict.

In the American court system, every adult has a civic duty to participate in jury duty. Potential jurors may receive a court order called a juror summons in the mail indicating they have to serve jury duty.

At the start of jury trials, the parties and judge participate in voir dire, also known as jury selection. The parties and judge may ask the potential jurors questions to ensure they can act as impartial triers of fact. The questions often focus on potential jurors' biases, as those could significantly affect a case. The parties have a right to reject potential jurors from serving on the jury. The jury usually consists of 12 people.

Once the parties complete the jury selection process, the trial begins. Jurors listen to the parties' arguments and defenses. Once the trial concludes, the judge gives the jury instructions. Then, the jury deliberates the case and reaches a verdict. The jury foreperson will announce the verdict in the case.

Court Reporter

The court reporter sits near the witness stand and records everything said during the trial. This becomes the official record of the trial. Most court reporters use a stenotype, a machine that translates keystrokes into symbols corresponding to the spoken word.

Any party that wants to appeal the case to a higher court (usually an appellate court, also called a court of appeals) must request a transcript of the proceeding.

Court reporters don't work only in the courtroom. They also record depositions in attorneys' offices and some conferences in judges' chambers.

Court Interpreter

A court interpreter presents a verbatim rendition of a party or witness's testimony. The court reporter records the interpreter's translation, which becomes part of the court's record of the proceeding.

The court interpreter's job is to interpret exactly what the witness or defendant says. If a witness needs help understanding a question, the interpreter may not use their own words to explain. Rather, the interpreter translates the witness's request for an explanation to the attorney (or whoever asked the question), and that person must explain or rephrase the question. The interpreter then translates that explanation or rephrasing for the witness.

Courtroom Clerk

The court clerk (sometimes called the courtroom deputy) usually sits in the courtroom near the judge. The clerk does the following:

• Takes care of records and exhibits
• Prepares judgment and verdict forms
• Generally helps the judge keep the trial running smoothly

Outside the courtroom, the clerk of court can provide procedural and general information about the legal process and court rules to litigants. However, they cannot provide legal advice.

Contact an Attorney For Help

No matter the reason, going to court can be an intimidating experience. Knowing more about how courts work may alleviate some of the stress of ongoing litigation.

Additionally, hiring an attorney can help while preparing for a trial. An experienced attorney can provide helpful legal services and advice as you progress through the court system. For example, they can help you with the following:

• Whether to file your case in state court or a federal district court
• Your legal rights as a criminal defendant charged with a felony or misdemeanor
• How to file a counterclaim in a personal injury lawsuit and other types of cases, like family law
• Appealing a case from a trial court to an appellate court or from the appellate court to your state's supreme court
• How to respond to interrogatories and other discovery demands

Consider contacting a civil litigation attorney if you are involved in a civil lawsuit. If the government has filed criminal charges against you, contact a criminal defense attorney for help.