Terms Used In Louisiana Code of Criminal Procedure 765

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.

The normal order of trial shall be as follows:

(1)  The selection and swearing of the jury;

(2)  The reading of the indictment;

(3)  The reading of the defendant‘s plea on arraignment;

(4)  The opening statements of the state and of the defendant;

(5)  The presentation of the evidence of the state, and of the defendant, and of the state in rebuttal.  The court in its discretion may permit the introduction of additional evidence prior to argument;

(6)  The argument of the state, the defendant, and the state in rebuttal;

(7)  The court’s charge;

(8)  The announcement of the verdict or mistrial in jury cases, or of the judgment in nonjury cases; and

(9)  The discharge of the jury in jury cases.

When there is more than one defendant, the court shall determine the order of trial as between them.

A defendant may waive his opening statement.

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