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Civil procedure

closing argument

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 Delaware, as in many jurisdictions, the process of a jury trial includes a stage where the parties present their closing arguments after all evidence has been introduced and the jury has been instructed on the law (jury charge). The party that bears the burden of proof, meaning the party that must prove the facts and claims of the case, is typically granted the right to both open and conclude the argument phase. This is often the plaintiff in a civil case or the prosecution in a criminal case. When multiple parties are involved, such as in cases with several plaintiffs or defendants who have separate claims or defenses, the court will use its discretion to determine the sequence in which the parties may present their arguments. This order is decided to ensure a fair and orderly process and to provide each party with an equitable opportunity to persuade the jury.

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Civil procedure

closing argument

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Civil procedure

closing argument

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