Civil Litigation-Presentation of Evidence
Once the opening statements have been completed, the plaintiff will present his or her evidence first. That evidence comes in two forms—the presentation of testimony from witnesses and the presentation of documents or other tangible things for the jury to review. At the conclusion of all the plaintiff’s evidence, the defendant has the right to make a motion to dismiss or to strike the plaintiff’s case based upon any number of legal theories. This type of motion is a statement by the defendant saying that even if the plaintiff’s evidence is to be believed, it is not sufficient to justify a judgment being entered against the defendant. The court normally will rule on such a motion at that time. Typically, that type of motion is denied. If the motion is denied, the defendant then has the right to present his or her evidence.
At the conclusion of the presentation of all of the defendant’s evidence, the defendant may renew his or her motion to strike or motion for a directed verdict. In addition, the plaintiff may make a motion to strike any defenses and to request the court enter judgment against the defendant as a matter of law. That type of motion is a statement by the plaintiff that even if what the defendant says is true, he or she still has no bona fide defense to the claim, and therefore, there is nothing for the jury to decide.
