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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 Wisconsin, during a jury trial, after all evidence has been presented and the jury instructions (charge) have been read, 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 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 there are multiple parties with distinct claims or defenses, the order of arguments is at the discretion of the court. The court will determine the sequence of arguments to ensure a fair and orderly process. This procedure is in line with the general principles of trial conduct, where the party with the burden of proof is given the chance to make a first and last impression on the jury.

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Civil procedure

closing argument

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Wisconsin State Code

Civil procedure

closing argument

Wisconsin State Code

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