Trial court

This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages) The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (February 2017) (Learn how and when to remove this template message) This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "Trial court" – news · newspapers · books · scholar · JSTOR (March 2023) (Learn how and when to remove this template message)

A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law.^[1]

In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judges, makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acts as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial.