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 Idaho, 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 has been instructed on the legal standards applicable to the case, the parties are given the opportunity to make their closing arguments. The party who bears 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 convince the jury of their position beyond a reasonable doubt in criminal cases or by a preponderance of the evidence in civil cases. 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 arguments. The judge's decision on the order of closing arguments takes into account the need for a logical and coherent presentation to the jury, as well as fairness to all parties involved.