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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 New York, during a jury trial, after all evidence has been presented and the jury has received instructions (jury charge) from the judge, the parties are given the opportunity to make their closing arguments. The party that carries the burden of proof, meaning the party responsible for proving the allegations or defenses of the case, is typically granted the right to both open and conclude the argument. This is often the plaintiff in a civil case or the prosecution in a criminal case. However, when multiple parties are involved, each with their own claims or defenses, the court will decide the sequence in which they may present their closing arguments to the jury. This order is determined at the discretion of the court and is designed to ensure a fair and orderly process.

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Civil procedure

closing argument

Individual & Family Legal Plan

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Civil procedure

closing argument

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