Trial

At the conclusion of the case, it is customary for both sides to make their summations, which consist of comment by counsel with regard to the testimony of the various witnesses who have testified at the trial, and the inferences to be drawn therefrom. In both civil and criminal cases, counsel for the defendant usually sums up first, and the attorney for the plaintiff or the prosecuting officer concludes.

After the summations, the court charges the jury. The charge of the court consists of a statement and an exposition of the rules of law applicable to the issues in the case, for the guidance of the jury. After the charge is made, counsel for either party can take exception to those portions of the charge which they consider objectionable and make requests that additional charges be given by the court.

At the conclusion of the charge, the jury retires from the courtroom to decide on its verdict. The verdict of a jury terminates the trial. In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

In law in the U.S., a referee is an attorney authorized by a civil court to act as an officer of the court in the determination of a proceeding or suit referred to the referee. Reference of an issue to a referee may be either voluntary or compulsory; it is most frequently resorted to in actions involving long and complicated accounts, such as bankruptcy actions, and in actions in which privacy and secrecy are considered desirable in the public interest, such as divorce actions. The findings and decision of a referee are submitted in a report which is filed with the court ordering the reference; a trial before a referee is terminated when the referee's decision is confirmed by that court.

A trial conducted before a referee or a judge sitting alone is identical with a jury trial, except that the opening remarks and summations described above are omitted.