“To assist you in your tasks as jurors, I will now explain how the trial will proceed. I will begin by identifying the parties to the case. Plaintiff filed this lawsuit. He seeks damages from defendant. Plaintiff claims [insert description of Plaintiff’s claim(s)]. Defendant denies those claims. First, each side may make an opening statement, but neither side is required to do so. An opening statement is not evidence. It is simply an outline to help you understand what that party expects the evidence will
show. Also, because it is often difficult to give you the evidence in the order we would prefer, the opening statement allows you to keep an overview of the case in mind during the presentation of the evidence. Next, the jury will hear the evidence. Plaintiff will present evidence first. When Plaintiff is finished, Defendant will have an opportunity to present evidence. Each witness will first be questioned by the side that asked the witness to testify. This is called direct examination. Then the other side is permitted to question the witness. This is called cross-examination. Documents or objects referred to during the trial are called exhibits. Exhibits are given a number so that they may be clearly identified. Exhibits are not evidence until I admit them into evidence. During your deliberations, you will be able to look at all exhibits admitted into evidence. There are many rules that govern whether something will be admitted into evidence. As one side presents evidence, the other side has the right to object and to ask me to decide if the evidence is permitted by the rules. Usually, I will decide immediately, but sometimes I may have to hear arguments outside of your presence. After the evidence has been presented, I will instruct you on the law that applies to the case and the attorneys will make closing arguments. What the parties say in closing argument is not evidence. The arguments are offered to help you understand the evidence and how the law applies to it.”
[CACI Jury Instructions [citations omitted]]
