In a jury trial, after the parties introduce all of their evidence and the jury charge (instructions) is read to the jury, the parties may argue the case to the jury. The party with the burden of proof on the whole case—or on all matters that are submitted by the jury charge—will generally be allowed to open and conclude the argument. And where there are several parties with separate claims or defenses, the court will determine the order in which they are allowed to argue the case to the jury.
In Colorado, as in many jurisdictions, the structure of closing arguments in a jury trial is designed to ensure fairness and clarity in the presentation of each party's case. After all evidence has been presented and the jury instructions have been read, the parties have the opportunity to make their closing arguments. The party that carries the burden of proof, which is typically the plaintiff in a civil case or the prosecution in a criminal case, is usually granted the right to both open and conclude the argument. This is because they have the responsibility to prove their case to the jury beyond a reasonable doubt in criminal trials or by a preponderance of the evidence in civil trials. When multiple parties are involved, such as in cases with several plaintiffs or defendants, or in complex litigation with cross-claims and counterclaims, the court will determine the sequence of the closing arguments. This order is decided to ensure that the jury can follow the arguments and understand how each relates to the issues at hand as defined by the jury instructions. The exact procedures and any variations can be found in the Colorado Rules of Civil Procedure and the Colorado Rules of Criminal Procedure, as well as in case law interpreting those rules.