Art. 761 Commencement of trial

When a case goes to trial, the exact starting point depends on whether it's a jury trial or a bench trial. If a jury is deciding the case, the trial officially starts the moment the first potential juror is called up for questioning. This happens during jury selection, before any evidence is presented.

If there's no jury and a judge alone is deciding the case, the trial starts differently. It begins when the first witness takes the oath to testify.

Knowing exactly when a trial starts matters for several legal reasons. For example, it can affect deadlines, double jeopardy protections, and whether certain motions or objections were raised at the right time.