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 West Virginia, as in other jurisdictions, the structure of closing arguments in a jury trial is designed to ensure fairness and clarity in the presentation of the parties' positions. After all evidence has been presented and the jury has been instructed on the applicable law (jury charge), the parties are given the opportunity to make 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 of arguments. The court's decision on the order of arguments will take into consideration factors such as the nature of the claims or defenses and the need to avoid prejudice or confusion to the jury.