Order of procedure

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  • After the jury is impaneled and sworn, the trial shall proceed in the following order:
    • (1) the United States attorney may state the case of the prosecution, and may briefly state the evidence by which he expects to sustain it;

    • (2) the defendant, or his counsel, may then state his defense, and may briefly state the evidence he expects to offer in support of it;

    • (3) the United States attorney shall produce evidence; and the defendant shall then produce his evidence;

    • (4) the United States attorney shall then be confined to rebutting evidence, unless the court, for good reasons, in furtherance of justice, permits him to offer evidence in chief;

    • (5) when the evidence is concluded, unless the case is submitted without argument, the United States attorney shall commence, the defendant or his counsel follow, and the United States attorney conclude, the argument to the jury;

    • (6) after the arguments are completed, the court shall instruct the jury.


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