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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 South Dakota, during a jury trial, after all evidence has been presented and the jury has been instructed on the law (jury charge), the parties have the opportunity to make their closing arguments. The party that carries the burden of proof, meaning the party responsible for proving the allegations made, 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. When multiple parties are involved with distinct claims or defenses, the court will decide the sequence in which they may present their arguments to the jury. This process is designed to ensure that the jury is fully informed of each party's perspective and interpretation of the evidence before deliberation.

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Civil procedure

closing argument

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Civil procedure

closing argument

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