New York State Court Clerk Practice Exam

In a non-jury trial, the proceedings typically begin with either an opening statement or the swearing in of the first witness. This initial phase is crucial as it sets the stage for the trial. The opening statement allows the parties involved, usually the plaintiff and defendant, to present their cases to the judge and outline the evidence they plan to introduce. This provides the judge with context regarding the issues at trial and the narrative each side intends to put forward. Alternatively, the trial may commence with the swearing in of the first witness, which signifies the beginning of the evidence presentation phase. This choice underlines the judge's role in determining the facts based on the evidence presented, as there is no jury involved. The other options do not reflect standard practice for the commencement of a non-jury trial. A closing statement is delivered at the end of the trial, summarizing the arguments and evidence presented. A pre-trial motion occurs before the trial begins, addressing various procedural issues, while an initial hearing usually pertains to preliminary matters and does not indicate the start of the trial itself.