Criminal Bench Trial

(Bailiff asks for all to rise, announcing the judge, county and precinct.)
Judge: Good morning. My name is Judge ______. You’ve met the
Bailiff, _________ already. My court clerk, ____ , (is seated here OR
may also enter the courtroom from time to time and if he/she does,
he/she will sit here.)
This other chair is called the witness stand, and anyone who will be
giving testimony under oath will sit here to speak.
Today we have the case of The State of Texas v __________________.
Mr./Ms. _____________________(defendant), now that you are here
for your trial day, I want to make sure you understand your rights.
First, you do not have to say or do anything. You may choose to make
arguments, ask questions of witnesses, and present evidence, but you
do not have to do any of these things. You also do not have to testify.
Do you understand your rights?
You may also choose to change your plea now or at any time before
the case is over and I have given my judgment.
Do you understand this choice that you have?
Are both parties ready?
(Allow both parties to respond.)
This is a criminal case. The State of Texas claims that a law was broken
and has brought this case to trial.
It is important to keep all electronic devices OFF. If your phone is not
turned off, the Bailiff will hold it until the trial is over.
This case will not likely last longer than a couple of hours, but I will
pay attention to the need for comfort breaks.
My role is to apply the law and make sure that the case proceeds
fairly.
Because the State of Texas brought the charges, they will always go
first Mr./Ms. ________ (defendant), you will always have an
opportunity to respond.
We will begin with opening statements. Then the State will have any
witnesses testify and provide any physical evidence they are relying
on. Mr./Ms. _________ (defendant), you will have a chance to
question those witnesses and look at any documents presented.
When the State is finished, Mr./Ms. _________ (defendant), you will
have the chance to call any witnesses and provide any physical
evidence you would like me to consider The state may choose to put
on a rebuttal case. Both sides will then have a chance to make their
final arguments.
Both sides will have 5 minutes for an opening statement.
Mr./Ms. _________ (prosecutor) , you may begin your opening now.
(once the state is finished)
Mr./Ms. _________ (defendant), you may begin your opening
statement if you choose now.
***The Defendant can also waive their opening statement until the
beginning of their case. If the Defendant waives, make sure to ask
again after the State has ‘rested’ their case***
(once the defendant is finished)
Mr./Ms. _________ (prosecutor), please call your first witness.
***If there are any documents either side wants to use during this trial,
make sure that they show each other before showing the witness or the
court.***
 (To the witnesses) Please take the stand and to be placed under oath.
Raise your right hand: “Do you solemnly swear to tell the whole
truth, and nothing but the truth”?
Mr./Ms. __________ (prosecutor) , you may begin to ask questions.
(once the state has finished)
Mr./Ms. _________ (defendant), do you have any question for this
witness?
(If yes, allow them to ask, if no, ask the witness to step down.)
You may begin to ask question now.
(once the defendant is finished)
Mr./Ms. _________ (prosecutor), do you have any follow-up
questions?
***you may allow the Defendant and State to continue to take turns
asking follow-up questions, but do not have to ***
(if yes, allow them to ask, if no, ask the witness to step down)
(to the witness) Please step-down from the witness stand.
***Follow this same process for any additional witnesses.***
***Once the State is finished with their witnesses and documents,
they should say that they “rest.”***
***If the Defendant waived their opening, you should ask if they
would like to make theirs now: Mr./Ms. ________(defendant), you
may make an opening statement now, if you choose.***
Mr./Ms. _________ (defendant), do you have any witnesses that you
would like me to hear from? You may also testify yourself.
***If they choose to testify, they should take the stand and be sworn in
like any other witness: a party’s testimony will be them telling a story
rather than asking themselves questions and answering. You may need
to explain this to them.*****
Mr./Ms. _________ (defendant), please call your first witness.
(once the defendant has finished)
Mr./Ms. _________ (prosecutor), do you have any question for this
witness?
(If yes, allow them to ask, if no, ask the witness to step down.)
You may begin to ask question now.
(once the State is finished)
Mr./Ms. _________ (defendant), do you have any follow-up
questions?
(once the Defendant is finished)
Mr./Ms. _________ (prosecutor), do you have any follow-up
questions?
***You may allow the Defendant and State to continue to take turns
asking follow-up questions, but do not have to. ***
(If yes, allow them to ask, if no, state the below.)
(to the witness) Please step-down from the witness stand
(Follow this same process for any additional defense witnesses.)
Mr./Ms. _________ (defendant), do you have any further witnesses or
any documents you want to introduce?
(If yes, follow the procedure above, if no, say the below)
Defendant, do you rest your case; meaning you are finished with you
witnesses and evidence?
(the Defendant should say yes)
At this time, both sides will have a chance to make a closing
argument. Each side will have ten minutes. State, you may reserve up
to 2 minutes of the 10 for a potential rebuttal.
Mr./Ms. _________ (prosecutor), you may begin with your closing
argument.
(once the State is finished)
Mr./Ms. _________ (defendant), you may begin your closing
argument.
(once the Defendant is finished)
Mr./Ms. _________ (prosecutor), do you which to make a rebuttal
statement?
(If yes, give them two minutes, if no, say the below.)
After hearing from both sides:
o I am prepared to give my judgment. I rule in favor of the
state/defendant.
o I am going to take a brief recess and return shortly with my
judgment.
o I am going to take my decision under advisement and will issue a
ruling in open court on _____ (date).

***For steps on handling the verdict and judgment, please see Chapter
6 of the Trial Procedure deskbook.***