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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 Montana, as in many jurisdictions, the structure of closing arguments in a jury trial is designed to give the party with the burden of proof the opportunity to both open and conclude the argument. This is because the party with the burden of proof is tasked with persuading the jury of the merits of their case. After all evidence has been presented and the jury has been instructed on the law applicable to the case (jury charge), the parties make their closing arguments. If there are multiple parties with distinct claims or defenses, the order of arguments is determined by the court. This order is important as it can influence the jury's last impression before deliberation. The specific procedures and any local rules regarding the order and conduct of closing arguments may vary, and an attorney can provide guidance on the nuances of these rules in Montana.

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Civil procedure

closing argument

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Civil procedure

closing argument