48 
Indiana University Studies 
fications. The attorney who first examines must exercise his challenge 
for all reasons before turning him over to the other attorney. If he 
finds no ground for challenge for cause, and yet desires the juror re- 
moved, he must exercise his peremptory challenge at once. When 
twelve men have been passed by both attorneys, they are sworn to 
try the issues. 
Same — Opening Statements. After the jury is sworn, the plaintiff’s 
attorney makes his opening statement. In Student against Police- 
man, Lawyer will explain to the jurors the exact questions raised by 
the pleadings which they will have to answer by their verdict, what 
Student asserts to be the facts and how he intends to support these as- 
sertions by evidence. In New York, he will be followed immediately 
by Andrew, who will outline Policeman’s case and inform the jurors 
how he intends to meet and overthrow Student’s claims. There is no 
place for argument in the opening. It is made simply to present to 
the court and jury an outline of the case, so that they may more 
easily and intelligently follow and apply the testimony. In some juris- 
dictions Andrew’s opening will not be made until just before he is ready 
to offer his evidence. 
Same — Evidence. Next Lawyer calls his first witness, who is sworn 
to tell the truth and nothing but the truth. By means of question and 
answer he gets from the witness what he knows about the matter in 
issue. Then Andrew has an opportunity to cross-examine; and if he 
brings out any new matter or makes uncertain anything given in testi- 
mony on Lawyer’s examination, the latter may re-examine the witness 
on these points. And in some instances the witness may be subject to 
several re-examinations by each attorney. The same procedure is fol- 
lowed with each witness offered in Student’s behalf. Student will doubt- 
less be one of them. After presenting all his witnesses on his main 
case, Lawyer will announce that he rests, that is, that he has no further 
evidence to offer. Thereupon Andrew will proceed with Policeman’s 
side of the case. If he has not already done so, he will make his opening 
statement. Otherwise, he will at once call his witnesses, who will be 
examined, cross-examined, and re-examined as were Student’s witnesses; 
after which he will state that he rests. If the course of the evidence 
warrants it, Lawyer will have the privilege of presenting evidence in 
rebuttal, and Andrew in surrebuttal. 
Same — Motions during Trial. At the close of plaintiff’s evidence, the 
defendant may under modern practice move that plaintiff be nonsuited 
or that the action be dismissed on the ground that no reasonable jury 
could find a verdict in favor of plaintiff; and at the close of all the evi- 
dence either party may move for a directed verdict on the ground that 
no reasonable jury could return a verdict except in favor of the movant. 
In some jurisdictions this latter motion may be made at the close of 
plaintiff’s testimony. If either motion is granted, it of course puts an 
end to the trial. 
Same — Requests to Charge. At the close of the testimony either 
attorney may present to the judge written requests that he deliver 
certain instructions to the jury. These requested instructions will de- 
clare that the jurors in considering the testimony must apply certain 
