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 Rhode Island, as in other jurisdictions, the procedure for jury arguments follows a structured format. After all evidence has been presented in a jury trial and the jury has received instructions from the judge, the parties are given the opportunity to present 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 establish the elements of their claim or the guilt of the defendant beyond a reasonable doubt. In cases involving multiple parties with distinct claims or defenses, the court will use its discretion to determine the sequence in which the parties may present their arguments to the jury. This order is decided to ensure a fair and orderly process, taking into consideration the nature of the claims or defenses and the structure of the trial.