Legal Definitions - brought to trial

The legal term brought to trial refers to the precise moment when a court case officially begins the process of presenting evidence and testimony. This critical juncture is typically marked by the swearing in of the very first witness who will provide testimony. It is important to distinguish this from earlier stages, such as the selection of the jury or the delivery of opening statements by the attorneys, which precede the actual commencement of the trial itself.

Here are a few examples to illustrate this concept:

• Imagine a high-profile criminal case where a defendant is accused of fraud. After weeks of jury selection and several hours of opening statements from both the prosecution and the defense, the prosecutor calls their first witness to the stand – a forensic accountant. As the accountant raises their right hand and takes the oath to tell the truth, the case is officially brought to trial. This act signifies the formal start of the evidentiary phase, where facts are presented through witness testimony and exhibits.

• Consider a civil lawsuit between two technology companies disputing a patent infringement. Following extensive pre-trial motions and the presentation of initial arguments by the legal teams, the plaintiff's attorney calls their lead engineer as the first witness. Once this engineer is sworn in by the court clerk, pledging to provide truthful testimony, the patent dispute has been formally brought to trial. From this point forward, the court will hear evidence directly from witnesses.

• In a personal injury claim stemming from a car accident, the injured party is seeking compensation. After the jury has been seated and both sides have delivered their opening remarks outlining their arguments, the plaintiff's lawyer calls the first responder who arrived at the accident scene to testify. As the first responder takes the oath before providing their account, the personal injury case is considered to have been brought to trial, moving from preliminary discussions to the active presentation of evidence.