Trial procedure is, in some ways, amazingly simple. Each side is telling a story and asking the judge or jury to believe that side’s version of events. A party’s job at trial, then, breaks down into two parts – telling his story and poking holes in the other side’s story.

In trial the complainant goes first. For a traffic or misdemeanor trial, this will be the state. The state may be represented by a prosecuting attorney or, most often in a traffic trial (if the defendant does not have an attorney) by the officer who issued the citation.

Courts will vary in regard to swearing in the witnesses – a judge may swear in both the officer and the defendant at the same time, or may swear each one in individually at the time that person is going to testify. If either side is going to call additional witnesses, those witnesses will most certainly be sworn in only before they sit down at the witness stand. Why it’s called a “stand” when witnesses are sitting is one of those legal mysteries – but I digress.

After the officer is sworn, he will present his testimony and offer any evidence he may have as to the nature of the offense. His testimony should include a description of the time, date, and place of the offense, making sure that the offense occurred within the jurisdiction of the court. He will also give the court his version of events, describing in relatively simple terms what happened that resulted in a citation to the defendant. A thoughtful defendant will, of course, have a copy of the statute and be taking notes on the officer’s testimony so as to be able to better handle the next step.

Once the officer finishes his testimony, defendants are then given the chance to question the officer about his testimony – this is called “cross examination.” This is the defendant’s opportunity to poke holes in the officer’s testimony, and is nothing more than asking him questions. An important thing to keep in mind during cross examination is that it is your chance to ask the officer questions. Your chance to tell the court your side of the case comes later. Cross examination is not a time for presenting your case, nor is it a chance to argue with the officer. While some lead-in may be useful – “Officer Glarfschnartz, you testified earlier that…” – you need to make sure you ask a question.

When a defendant’s cross examination finishes, the officer may then add any testimony he needs to clear up evidence based on the questions The defendant then gets to ask any final questions he may have regarding the additional testimony, but by then it should be winding down. Remember, this is not a time to be arguing with the officer – in fact, there is generally no time that the parties argue with each other. Any arguments (over, say, objections) are made to the court. Testimony and cross examination finished, the officer then may call any witnesses he has, and the process of testimony followed by cross examination repeats.

Once the officer finishes his testimony and that of his witnesses, he will rest his case and the scenario is reversed. Now it’s the defendant’s chance to tell his side of the story. The officer is given the same chance to cross examine the defendant. The defendant may then add any explanations, and there may be a few final questions. At that point, it is time for the defendant, as the officer did, to call his witnesses. Examination, cross examination, and finally the defense also rests its case. Both sides having rested, the court will usually ask for closing arguments. As an aside, closing arguments are not required, and failure to make one is not necessarily fatal to a case. Some courts don’t even use them.

Closing arguments are simply statements to the court by each party as to why that party should win the case. The officer will point out each element of the offense and how there was evidence that proved that element. The defense will point out holes in the state’s story and describe why the defense should win. After cases presented and arguments made, it is up to the judge to decide whose story holds together better.

Next time, we’ll backtrack a bit from this overview and discuss evidence. What it is, how it works, and how you want to get the court to consider it. In the mean time, Courtside is in recess- but questions about court and court procedures to hermistoncourtside@gmail.com are always in order.

Thomas Creasing is a Hermiston municipal court judge.