In a California civil trial, closing arguments are the final opportunity for attorneys to address the judge or jury before deliberations begin. During closing arguments, attorneys summarize the evidence presented during the trial, highlight key points, and make their final persuasive appeal to the judge or jury. Here’s a detailed description of what happens during closing arguments in a California civil trial:
- Review of the Evidence: The attorney begins by reviewing the evidence presented during the trial. They may highlight key testimony from witnesses, key documents or exhibits, and other evidence that supports their client’s case.
- Summary of the Legal Arguments: The attorney summarizes the legal arguments made during the trial, including the relevant legal standards, statutes, and case law that apply to the case. They may explain how the evidence presented during the trial supports their interpretation of the law.
- Reiteration of Themes and Theories: The attorney reiterates the overarching themes and theories that guided their presentation of the evidence during the trial. They may remind the judge or jury of the key points that support their client’s position and why they believe their client should prevail.
- Addressing Weaknesses in the Opposing Case: The attorney may address any weaknesses or inconsistencies in the opposing party’s case. They may point out contradictions in the evidence, credibility issues with witnesses, or flaws in the opposing party’s legal arguments.
- Emotional Appeal: Depending on the nature of the case, attorneys may make an emotional appeal to the judge or jury during closing arguments. This may involve humanizing their client, appealing to sympathy or empathy, or highlighting the potential consequences of the case’s outcome.
- Request for Relief: The attorney concludes the closing argument by requesting the relief they seek on behalf of their client. This may include a request for specific damages, a request for a particular legal ruling, or a request for the judge or jury to find in favor of their client.
- Finality and Confidence: The attorney emphasizes the finality of the decision that the judge or jury is about to make. They may express confidence in their client’s position and in the strength of the case they presented during the trial.
- Instructions from the Judge: Before the jury begins deliberations, the judge provides instructions on the law applicable to the case. Attorneys may use closing arguments as an opportunity to remind the judge or jury of these instructions and explain how they should apply them in reaching their decision.
Overall, closing arguments in a California civil trial serve as the final opportunity for attorneys to persuade the judge or jury of their client’s position. While attorneys cannot introduce new evidence during closing arguments, they can summarize and interpret the evidence presented during the trial and make a final persuasive appeal to the decision-maker.