A federal criminal trial proceeds through nine distinct phases: voir dire (jury selection), opening statements, government's case-in-chief, motion for judgment of acquittal under Rule 29, defense case (optional), government rebuttal, closing arguments, jury instructions, and deliberation/verdict. Federal verdicts must be unanimous.
Voir dire and jury selection
Federal voir dire is conducted under Federal Rule of Criminal Procedure 24. The court conducts most of the questioning; counsel typically has limited follow-up. Each side has peremptory challenges (10 in non-capital felony cases) and unlimited challenges for cause.
Federal voir dire procedure varies significantly by district and judge. Under Federal Rule of Criminal Procedure 24, the court "may examine prospective jurors or may permit the attorneys for the parties to do so." Most federal courts retain primary questioning, with counsel given limited follow-up time. Texas state courts allow more attorney-conducted voir dire; federal courts are more restrictive.
Each side receives peremptory challenges under Rule 24(b): 20 in capital cases; 10 each in non-capital felony cases (combined with the government's 6); 3 each in misdemeanor cases. Peremptory challenges allow strikes without stated reason but are constrained by Batson v. Kentucky, 476 U.S. 79 (1986), and its progeny (no race, sex, or ethnicity-based strikes). The opposing party can challenge a peremptory strike as discriminatory; the striking party must offer a race/sex-neutral reason.
Challenges for cause are unlimited. Standards include: actual or implied bias toward a party, prior involvement with the case, relationship with witnesses or counsel, employment that creates conflict (e.g., law enforcement employment in cases against law enforcement), expressed inability to follow the law or evidence, life experiences creating predisposition. Successful challenges-for-cause preserve peremptories for use against borderline jurors.
Opening statements and government's case
After jury selection, opening statements introduce the case. The government presents its evidence in chief; defense cross-examines. At the close of the government's case, the defense moves for judgment of acquittal under Rule 29.
Opening statements are not evidence — they are roadmaps to the proof each side intends to present. The government opens first; the defense may follow immediately or reserve until the start of its case. Opening statements typically run 20-45 minutes in routine cases, longer in complex cases. Effective openings establish theory of the case, key facts, and credibility themes.
The government's case-in-chief consists of witness testimony, exhibits, and stipulations. The government must call witnesses who can establish each element of the charged offenses beyond a reasonable doubt. Defense cross-examination follows each government witness; cross-examination scope is generally limited to subject matter raised on direct, plus credibility/bias issues.
At the close of the government's case, the defense moves for judgment of acquittal under Federal Rule of Criminal Procedure 29(a). The motion argues that no rational jury could find guilt beyond a reasonable doubt on the evidence presented. The court must consider the evidence in the light most favorable to the government and resolve credibility conflicts in the government's favor. Rule 29 grants are rare but consequential — they end the case with the same effect as acquittal verdict, with no retrial available under double-jeopardy principles.
Defense case and Rule 29 renewal
The defense case is optional. The defendant has no obligation to testify or present evidence. Defense witnesses face cross-examination; the defendant who testifies faces both substantive cross and the prior-bad-acts exposure of Rule 609.
The defense case is optional under the Fifth Amendment. The defendant has no obligation to testify or present any evidence. Many defense cases consist of brief cross-examination of government witnesses, the Rule 29 motion, and resting without presenting affirmative evidence. The jury is instructed that no inference may be drawn from the defendant's silence.
If the defense presents evidence, it typically includes: alibi witnesses, character witnesses, expert witnesses challenging government experts, defendant's own testimony in narrow cases, documents and records contradicting the government's case. Each defense witness faces cross-examination by the prosecutor, subject to Rule 611 scope limitations.
If the defendant testifies, the prosecutor can use any prior conviction admissible under Federal Rule of Evidence 609 (felonies and crimes of dishonesty subject to a balancing test). This Rule 609 exposure often weighs heavily in the decision about whether to testify. After the defense rests, the defense renews the Rule 29 motion. The court may grant Rule 29 at any time up to verdict; some judges defer ruling to allow the case to go to the jury, then grant under Rule 29(c) only after a guilty verdict.
Closing arguments, jury instructions, and deliberation
Closing arguments summarize the evidence and argue the verdict. Jury instructions inform the jury of the law to apply. Deliberation occurs in secret; the verdict must be unanimous under Federal Rule of Criminal Procedure 31(a).
Closing arguments are organized as: government first, defense second, government rebuttal. Arguments are limited to discussion of the evidence introduced at trial, plus reasonable inferences. Argument that "vouches" for witnesses (e.g., asserting the prosecutor's personal belief), refers to facts not in evidence, or comments on the defendant's failure to testify is improper and subject to mistrial motion or appellate reversal.
Jury instructions are drafted from pattern instructions (often the Fifth Circuit Pattern Jury Instructions in TXND/TXED cases) with case-specific modifications. The court reviews proposed instructions with counsel during a charge conference, hears objections, and rules on each. Some instructions are mandatory (elements, burden of proof, presumption of innocence, unanimity); others are case-specific (theory of defense, lesser-included offenses, accomplice testimony cautionary instructions).
The court instructs the jury orally and (typically) provides written copies for use during deliberation. Deliberation occurs in secret in the jury room. The jury elects a foreperson, deliberates, and returns a unanimous verdict on each count. Federal verdicts must be unanimous under Federal Rule of Criminal Procedure 31(a). Hung juries (no unanimous verdict despite good-faith deliberation) result in mistrial; the case can be retried. A guilty verdict triggers post-trial motions (Rule 29(c) renewed, Rule 33 new-trial) and sentencing scheduling.
Related topics
This page is part of the Federal Criminal Defense Guide compendium. Continue with related topics:
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FAQ
What is the practical importance of this topic in a federal case?
Federal criminal practice is governed by precise procedural rules, and the topic of trial is a recurring high-stakes decision point. Failure to handle the procedural step correctly can result in waiver of significant rights or loss of strategic position. Defense counsel familiar with federal practice navigates these decisions routinely; defendants without counsel routinely make procedural missteps that affect the case outcome.
Does this topic apply in both the Northern and Eastern Districts of Texas?
Yes. The Federal Rules of Criminal Procedure and the U.S. Code apply uniformly across federal districts, including the U.S. District Court for the Northern District of Texas (TXND, headquartered in Dallas and Fort Worth) and the U.S. District Court for the Eastern District of Texas (TXED, with the Sherman division covering Collin, Denton, and Grayson counties). Local rules and individual judge practices vary, but the substantive framework is the same.
Should I retain counsel specifically for this phase?
Yes, in almost all cases. Federal criminal practice is a specialized field — substantively distinct from state practice, with different rules, deadlines, and strategic considerations. Counsel admitted to practice in TXND, TXED, and the Fifth Circuit (and ideally with experience in the type of offense charged) is the appropriate choice. Local state-court practitioners without federal-court admission cannot appear in federal cases.
Last reviewed: May 17, 2026 by Reggie London · Next review: November 17, 2024.