Bernd Debusmann Jr
Reporting from court

Image source, Getty Images

The trial was supposed to start yesterday morning - but on Sunday night the judge announced a 24-hour delay.

He didn’t say why, but US media reported that the postponement was to give Dominion and Fox News one last attempt to settle the case before the trial began.

The two sides had previously attempted - and failed - to settle the lawsuit in December.

A settlement in the case would've allowed Fox to avoid having its executives and on-air personalities testify in an open court.

Neither Fox nor Dominion commented on the reported negotiations.

We're still waiting in the courtroom for the judge and jury to come back in - and we've still no idea what's causing the delay. It's now an hour and a half since we were due to get started.

Anthony Zurcher
BBC North America correspondent

As part of its case, Dominion has subpoenaed thousands of pages of text messages and emails showing conversations that took place behind closed doors at Fox News.

As Trump's attempts to contest his election defeat continued, it became increasingly clear to Fox executives that disputing his assertions risked a backlash from loyal viewers.

"We can't make people think we've turned against Trump," one Tucker Carlson producer texted a colleague.

The filings show Fox executives worried that sceptical coverage of the president's election claims would drive conservative viewers to other right-wing news outlets, such as Newsmax.

Carlson said Fox was "playing with fire".

"Do the executives understand how much credibility and trust we've lost with our audience?" he asked in a text to a producer.

"An alternative like Newsmax could be devastating to us."

Meanwhile, Fox managing editor Bill Sammon expressed concerns about the network's focus on election fraud claims in an email.

"It's remarkable how weak ratings make good journalists do bad things," he wrote.

Read more here.

Bernd Debusmann Jr
Reporting from court

We're still waiting on Judge Eric Davis and the jurors to come back.

It remains unclear what has caused this delay. Opening arguments were supposed to begin nearly an hour ago.

Some of the reporters have been asking court staff what the delay is. A few minutes ago, one court officer told us he had "no idea" what the hold up is.

In the courtroom itself, spectators, journalists and even the attorneys for Fox and Dominion are standing, milling about and chatting amongst themselves.

It's jovial - one man just joked that he "can't wait to do this for six weeks" - but some people are getting visibly exasperated at the delay.

If you're just joining us, we are following a trial of one of the world's most famous news brands, Fox News, and its coverage of claims of fraud in the 2020 US presidential election - claims that have been debunked.

Here's what you need to know to catch up:

• Joe Biden won that election, but outgoing President Trump did not accept the result
• Trump attacked the voting machine company Dominion Voting Systems, claiming it rigged the vote to favour Biden
• Fox hosts and conservative guests on the channel amplified the claims - saying Dominion had altered its voting machines to deny Trump re-election
• Dominion is suing Fox for $1.6bn (£1.29bn) in damages to their business, claiming it knowingly spread lies about the machines
• Key to the case are text messages and emails revealed in the suit, which show Fox journalists, on-air personalities and executives questioning and belittling the claims despite touting them on air
• Fox says its journalists and commentators were reporting on the claims rather than endorsing them, and says Dominion has "mischaracterised" the record by cherry-picking soundbites and missing key context

The court has already ruled that the allegations against Dominion have been proven false, so this trial isn’t about whether they were true or not. It’s about what Fox journalists and executives knew, and thought, as they continued to cover those claims.

Stay with us.

Image source, Reuters

Bernd Debusmann Jr
Reporting from court

It's now almost 1400 local time - about half an hour after we expected to get underway.

At the moment, it's not clear what the hold up is. Court officers in the room with us say they aren't sure either.

But it's deathly quiet in the courtroom and here in the overflow room, where a reporter's cell phone just went off despite repeated warnings to silence devices.

"Please, help me help you," a court officer said, eliciting laughs.

Image source, Reuters

During that first bit of courtroom action, where the 12-strong jury were eventually sent out for lunch, Judge Eric Davis gave the impression he'll have a zero tolerance attitude over the next six weeks.

He said he'd already had someone removed from the court for taking a photograph. It isn't clear who took that photo or what it was of.

And he said he was aware of information being shared on social media, which would not be tolerated from inside his courtroom.

Before calling in the jury, the judge reminded those in the room that he expected them to play by the rules.

We're waiting now for him and the jurors to return to court for opening statements from both sides.

There's intense interest in this case, however proceedings are not being televised.

Journalists and members of the public wanting to witness every legal detail as it happens could either phone a number to access an audio feed or try to get a seat in the courtroom.

People waiting outside the court in Wilmington this morning were marshalled by an official into two lines before slowly filtering into the building.

Bernd Debusmann Jr
Reporting from court

Several reporters here have noticed a white tent covering one of the entrances to the court - which local reporters tell me does not happen often.

The court hasn't commented on the tent, but some journalists and staff members here have speculated that it may be to help high-profile witnesses enter the building.

As a reminder, we're expecting quite a few prominent names during the six weeks of the trial, including Fox's billionaire CEO, Rupert Murdoch, prominent TV hosts Tucker Carlson and Sean Hannity and former House Speaker Paul Ryan.

Here's a photo of the tent tweeted by a reporter from CBS, the BBC's US partner.

Read more about some of the key players to look out for in the trial here.

Marita Moloney
Live reporter

This case is “monumental” for defamation law in the US, and a “watershed moment” of a scale not seen in decades.

That’s according to Paul Wragg, a professor of media law at the University of Leeds, in England, who says it’s so significant because US defamation law “has been geared towards freedom”.

“The law is deliberately designed to make sure that truth and democratic participation are valued even higher than the harms that might be done to an individual through a defamatory statement, a statement that is false,” he tells me.

Image source, Reuters

Ahead of the trial, the judge ruled that the claims made against Dominion have already been proven false. Fox News has argued that the case, dubbed "the libel law equivalent of the Super Bowl" by the New York Times, is ultimately about “the First Amendment protections of the media’s absolute right to cover the news“.

But as Wragg says, “freedom of speech doesn’t entitle you to seriously damage the reputation of others through barefaced lies”. He adds that the position for the court in deciding whether Fox News acted with “actual malice” in defaming Dominion is “a very difficult one”.

“Defamation law is premised on the idea of enabling public interest information to be disseminated," he tells me, adding: "There's no public interest in disseminating a lie”.

Bernd Debusmann Jr
Reporting from court

The court is still on a lunch break, but will be headed back shortly. Opening arguments are going to get underway in about half an hour.

After that, arguments will go on for another three hours or so until 1630 local time (2030 GMT) when the court closes.

It's unclear how long each side will take for their opening statements, but given the complexity of the case, it's fair to say the statements could be fairly long.

Dominion's lawyers will speak first, followed by Fox's.

Nathalie Jimenez
Reporting from Wilmington

While we wait for opening statements, we've been outside chatting with a few of the small handful of protesters that have come to the courtroom this morning.

One of them, a 38-year-old scientist who asked only to be identified as Bill, said he hoped the trial would help mark the end of what he termed an "awful post-truth era".

"[That's] where you can just make up your own version of reality, which is what Fox does every night," he said. "That's got to stop. And I hope this court agrees with us and at least pushes the direction back towards reality."

Fox, he claimed, was "willing to lie" during the 2020 election "just to juice their own profits".

"I hope Fox gets taken to task for that”.

A friend of Bill's and fellow protester who asked not to be named said that he came because he believes Fox is "undemocratic" and "a disgrace".

"We'll see what happens going forward but the fact that they didn't settle yesterday means we're moving in the right direction," he added.

Earlier we saw a flurry of lawyers arriving at the Leonard Williams Justice Center in Wilmington.

It's expected the legal teams will give their opening statements today.

Bernd Debusmann Jr
Reporting from court

Image source, Nathalie Jimenez/BBC

I arrived outside the courthouse - known as the Leonard L Williams Justice Center - here in Wilmington, Delaware this morning.

Opening arguments won't begin until after lunch, but even hours ago, there were camera crews and journalists from around the world waiting outside.

Yesterday, they had company: a truck with an LED screen that drove past several times with messages taking aim at Rupert Murdoch and his son Lachlan, suggesting the pair knew that Fox’s claims about Dominion were “all lies”.

The trial was supposed to start on Monday, but Judge Eric Davis announced that it would be delayed 24 hours, reportedly to give Dominion and Fox one more chance at a last-minute settlement. We may be hearing more about that today.

Bernd Debusmann Jr
Reporting from court

After giving jurors additional instructions on what they can and can't do in the courtroom, Delaware Superior Court Judge Eric Davis has sent the 12 members of the jury to lunch.

Opening statements will begin as soon as we return.

The courtroom - and the neighbouring overflow room - are completely packed.

Many spectators and reporters are staying in their seats, fearful of losing their places inside.

Stay with us for opening statements and for more background on the Dominion v Fox case.

We're now hearing some key timings for the duration of the trial from Judge Davis, who says the days will begin at 09:30 local time and end at 16:30.

He adds they'll be taking a two-day break in early May.

He advises people not to watch any media or carry out any research on this case.

The trial is meant to last six weeks.

Before they head for lunch, the jury are being given some instructions to bear in mind over the next six weeks.

Judge Davis tells them they can take notes during the trial and reminds them they have been chosen to decide issues of fact "without bias".

He is now giving the jury a series of rules they should follow, including that they should:

• Give careful attention to all evidence presented
• Keep an open mind and not express an opinion about the case until they have heard all evidence
• Not let anything they see or hear outside court influence their opinion
• Use common sense when making a judgement
• Not focus on what someone might have done or said, and instead focus on facts
• Pay close attention to testimony "as it's given"
• Not watch, read, or listen to any programmes or information about the case

Image source, Getty Images

Before the jury entered the room, Judge Davis decided that they'll break for lunch before allowing for opening statements.

He's still reading a list of instructions to the jury.

Image source, Reuters

Judge Eric Davis is now letting the jury into the courtroom to give them initial instructions.

Members of the jury were selected earlier on today.

As we've been reporting 12 people were chosen to listen to the evidence from a pool of randomly selected Delaware residents.

You can read more about the selection process below.

Image source, Getty Images

The trial has begun with a process of jury selection, which means 12 people were chosen to listen to the evidence from a pool of randomly selected Delaware residents.

Basic requirements of being on a Delaware jury include being a US citizen, over the age of 18 and living in the county in which the trial is being heard.

All potential jurors from this pool, which includes registered voters, Delaware ID holders and anyone with a driving licence from the state, will have answered a questionnaire in advance to check if they are qualified to serve.

But the full process of selection takes place in court, as prosecutors, defence lawyers and the judge are able to ask questions of potential jurors about their beliefs, personal background or relationships to anyone involved in the case to determine if they can be impartial.

We've learned that process is nearly complete. Now comes a bit of housekeeping and then we'll move on to opening statements, which is when defence and prosecution lay out the basics of their case to the court.

Image source, EPA

This is a confusing lawsuit with a lot to unpack, but here's a simplified version of what each side is claiming.

Dominion claims: It was defamed when Fox News aired “baseless allegations” that its voting machines were used to rig the 2020 US election against Donald Trump.

What Dominion needs to prove: That people at Fox acted with “actual malice” - and that its reporting of false claims was not simply an unintentional error.

Fox claims: The allegations against Dominion voting machines were newsworthy, and statements made on air are protected by the First Amendment (which enshrines the right to free speech).

What Fox needs to prove: That it did not defame Dominion in an intentional way.