Paper Trail is a 12-part series that follows a single fictional case through every phase of American civil litigation, from pre-litigation to post-trial.
In Part 9, every settlement option was exhausted without a deal, so Patty is headed to trial. Very few civil cases ever reach a jury, but this is now one of them. Part 10 follows the case from trial prep through jury selection, testimony, and closing arguments to the verdict.
Trial Prep
Before a jury hears a single word of testimony, both sides spend a lot of time getting ready. Civil trials are rare enough that plenty of experienced attorneys go their entire careers without ever taking a case to trial. A small number become so experienced going to trial, that it becomes the foundation of their reputation.
Part of trial preparation involves motions in limine, evidentiary motions decided right before trial to settle what the jury is and is not allowed to hear. Depot Print Shop moves to exclude any mention of the settlement negotiations, and the motion is granted easily. Evidence of settlement talks is generally kept out of trial so parties can negotiate honestly without worrying that what they say will be used against them later.
Trial prep often takes place in a war room, a dedicated workspace in a law firm where the trial team keeps exhibits, binders, and outlines, and runs through mock witness examinations. With months of discovery, depositions, and motions practice behind them, Amanda uploads her case files to a legal AI platform so she can more easily keep her facts and arguments straight without rereading every word.
Jury Selection
Before trial officially starts, a jury must be selected. Both sides question a pool of potential jurors during voir dire, trying to identify which ones may be beneficial or damaging to their side. Attorneys can remove a juror for cause an unlimited number of times, so long as they give the court a specific reason that juror cannot be fair.
They also have a limited number of peremptory challenges to remove a potential juror without giving any reason at all. Depot Print Shop uses a peremptory strike to remove someone who mentions they had once been a plaintiff in their own personal injury case.
Presenting the Case
With a jury selected, the attorneys begin presenting their cases. Each side takes turns trying to convince the jury that their client deserves to win.
Opening Statements
Trial formally begins with opening statements. This is one of only two moments where an attorney gets to speak directly to the jury. An opening statement provides a preview of what each side’s evidence is going to show, and offers the attorneys the chance to frame the case in their own words.
As the party with the burden of proof, Patty goes first. Amanda frames her opening statement to make Patty appear sympathetic and paint Depot Print Shop as irresponsible. She explains that the defendant knew about the danger, had every chance to fix it but chose not to, and as a result, Patty was seriously injured.
Depot Print Shop’s attorney opens by describing Patty’s phone, lit up in her hand at the exact moment she slipped on a hazard that would have been in plain sight—if only she had been looking. He describes the events in a way that suggests, if anyone was negligent, it was Patty herself.
Direct and Cross-Examination
Once openings are done, the bulk of trial comprises witness examination. Each side calls its witnesses for direct examination. Here, a leading question, one that suggests its own answer, generally is not allowed. “Did you have notice the stacked paper was dangerous?” is how a question would be asked on direct.
The other side then gets an opportunity for cross-examination, where leading questions are allowed. “You received an email warning you about the stacked paper, didn’t you?” is a leading version of that same question, only acceptable during cross.
On direct, Depot Print Shop’s attorney asks the store manager whether he had notice the paper was dangerous, and he insists he never thought it was a hazard, just untidy. On cross, Amanda pushes him, and he continues to deny his knowledge. So Amanda plays a video clip from his deposition for the jury:
Amanda: At any point between receiving this email and Patty’s fall, did you consider whether it was a warning to you about a safety hazard?
Manager: Yes, okay? I already said yes. Can we move this along? I’ve got other places to be.
Amanda lets an uncomfortable moment of silence linger after the clip ends, saturating the jury in the manager’s impeachment. She then continues her cross, “So you did, in fact, have notice that the paper stacked in the aisle was dangerous to customers, didn’t you?”
“Yes, I did.”
Motion for Directed Verdict
Once Patty rests her case, Depot Print Shop’s attorney moves for a directed verdict, arguing that no reasonable jury could find Depot Print Shop had notice of the hazard, so the case shouldn’t even reach the jury. The judge denies it.
What the manager truly understood remains a disputed question of fact, so the jury—not the judge—is supposed to answer it. Depot Print Shop proceeds to present its own case.
Closing Statements
Once both sides have presented all their evidence, each gets a final closing statement, the counterpart to their opening statements. Amanda closes by explaining how Patty trusted Depot Print Shop to keep her safe, but they failed to do so, leaving Patty’s small business struggling to survive. Depot Print Shop closes by describing Patty walking through the store on her phone, oblivious to the paper stacked in plain view, taking no responsibility for her own safety, and now trying to pass the financial consequences onto Depot Print Shop.
Reaching a Verdict
With closing arguments finished, the case is out of the attorneys’ hands and into the hands of the jury.
Jury Instructions
Before the jury can deliberate, the judge reads them jury instructions, explaining the law they must apply to whatever facts they find. Both sides previously had a chance to weigh in on the wording of the jury instructions before the judge settled on the final version.
The instructions include the burden of proof, which is a measure of how definitively the claims of the lawsuit must have been proven during trial. In a civil case like this one, Patty only has to prove her case by a preponderance of the evidence, meaning the jury only has to be just slightly more convinced that her claims are true rather than false. That’s a much lower bar than a criminal case, where the burden of proof is beyond a reasonable doubt, or close to complete certainty.
Deliberation
Jury deliberation takes place completely in private, with no attorneys, judge, cameras, or any outside influence permitted in the room. Those on the outside simply wait in anticipation. The jury in this case deliberates for four hours before sending word that they’ve reached their decision.
The Verdict
The courtroom fills back in, and the jury files back into the box. The foreperson stands, unfolds a single piece of paper, and reads the verdict aloud: the jury finds Depot Print Shop liable.
They also find Patty partially at fault, assigning Depot Print Shop 80% of the fault and Patty 20%. Patty embraces Amanda after the verdict is read. Although her damages will be reduced by her own share of fault, she’s going to recover 80% of the tens of thousands of dollars the jury awarded her—enough to pay her medical bills and save her bakery Naturally Leavened from going under.
What Comes Next
A winning verdict is a big deal, but it’s not necessarily the last word. Depot Print Shop is furious with the outcome, convinced the result isn’t fair, and is already muttering about an appeal.
In the next installment of Paper Trail, we’ll look at what happens after a jury has spoken, including whether Depot Print Shop’s appeal is viable. Start at the beginning to read Patty’s story from the morning of the incident to final resolution:
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