Jury.—­On demand of either party a jury must be impaneled.  The jury usually consists of twelve persons, but by consent of the parties the number may be less.  The jury is impaneled as follows:  The justice directs the sheriff or constable to make a list of twenty-four inhabitants of the county qualified to serve as jurors in the district court, or of eighteen if the jury is to consist of six persons.  Each party may then strike out six of the names.  The justice then issues a venire [Footnote:  For forms, see page 280.] to the sheriff or a constable, directing him to summon the persons whose names remain on the list to act as jurors.

Witnesses.—­If any of the witnesses should be unwilling to come, the justice issues a subpoena [Footnote:  For forms, see page 279.] commanding them to appear.  The subpoena may contain any number of names and may be served by any one.  It is “served” by reading it to the person named therein, or by delivering a copy of it to him.  A witness, however, is not bound to come unless paid mileage and one day’s service in advance.

THE TRIAL.

Opening Statement.—­The usual procedure is as follows:  After the jury has been sworn, the plaintiff’s attorney reads the complaint and makes an opening statement of the facts which he expects to prove.  The purpose of the opening statement is to present the salient points of the case, so that the importance and bearing of the testimony may be readily seen by the jury.

Evidence.—­The evidence [Footnote:  The most important Rules of Evidence are given in chapter VII.] for the plaintiff is then introduced.  Each witness, after being duly sworn, gives his testimony by answering the questions of counsel.  After the direct examination by the plaintiff’s attorney, the witness may be cross-examined by the attorney for the defendant.  When the evidence for the plaintiff is all in, the defendant’s attorney makes his opening statement, and then the witnesses for the defense are examined.  The direct examination is now, of course, conducted by the counsel for the defendant, and the cross-examination by opposing counsel.  When all the evidence for the defense has been introduced, the plaintiff may offer evidence in “rebuttal,” that is, to contradict or disprove new matter adduced by the defense.  And the defendant may then introduce evidence to refute matter first brought out by the rebuttal.

Argument.—­The case is now ready for “argument.”  One attorney on each side addresses the jury.  Each tries to show that the evidence adduced has proved the facts alleged in his pleadings, and each asks for a decision in favor of his client.  Usually the side upon which rests the burden of proof has the closing argument.

Counsel must confine themselves to the law, the admitted facts and the evidence.

Verdict.—­The jury then retire in care of an officer to a room set apart for their use.  Here they deliberate in secret.  If after a reasonable time they cannot agree, they are discharged, and the case stands as if no trial had taken place.  But if they agree they return to the court room and render their verdict.  This is given by the foreman, and is assented to by the rest.