Order of procedure

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  • When the jury has been selected and sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs:
    • (1) The plaintiff shall state briefly his cause of action, and the issue to be tried; the defendant shall then in like manner state his defense or counterclaim.

    • (2) The plaintiff shall then introduce the evidence on his part, and when he has concluded the defendant shall do the same.

    • (3) The parties may then respectively introduce rebutting evidence only, unless the court, for good reason and in furtherance of justice, permits them to introduce evidence upon the original cause of action, defense, or counterclaim.

    • (4) Not more than one counsel shall be permitted to address the jury or court on behalf of a plaintiff or defendant, unless otherwise allowed by the court; and the court may limit the time to be consumed by counsel in arguing the cause.

    • (5) When the evidence is concluded, unless the case is submitted by both sides without argument, the plaintiff shall commence and conclude the argument. If the plaintiff waives the opening argument, and the defendant then argues the case, the plaintiff shall be permitted only to reply to the argument of the defendant.

    • (6) The court shall then charge the jury.


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