Who gets the last closing argument?
Asked by: Prof. Sydnie Botsford Jr. | Last update: March 23, 2025Score: 4.7/5 (45 votes)
Who goes last on closing arguments?
Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.
Who gets to give two closing statements during closing arguments?
Key Concepts. The state and the defendant are both entitled to make two closing addresses to the jury. The state has the first and last closings if the defendant presents evidence; if the defendant does not present evidence, then the defense has the first and last closings.
Which side of the case is the last to present their closing arguments?
Closing arguments
The plaintiff will go first. Then the defendant. After the defendant does their closing statement, the plaintiff can make a brief final argument to address anything from the Defendant's argument (give a rebuttal).
Who gets the last word in a court case?
The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word.
Closing arguments: Who gets the last word?
Who gets the last word in closing arguments?
In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendant's closing argument. The reserved time may be viewed as a rebuttal and gives the plaintiff (or the party with the burden of proof) the last word.
Who has the final say in a court case?
The judge will make a decision after hearing both sides and considering the evidence. The judge may make the decision right away or may take a recess to give the decision. The recess may be only for a few hours or it may take days or weeks to give the final decision. If your case is for a restraining order.
What comes after closing arguments in court?
After the judge gives you your instructions and you hear the attorneys' closing arguments, you leave the courtroom and go to the jury room to begin your deliberations. "Deliberation" is the process the jury uses to reach its verdict. During deliberations, the jury will discuss evidence and review law and facts. 2.
How to end a closing argument?
At the end of your Closing Argument, make a clear “ask”. Tell the jurors what you want them to do and be crystal clear. For example, “We ask you to find Bill Williams, not guilty of this charged crime.” In keeping with a clear “ask”, make sure you explain the Jury Verdict form to the jurors.
What is the last part of a court case?
Closing arguments are the final opportunity for the prosecutor and the defense attorney to talk to the jury. These arguments allow both attorneys to summarize the testimony and evidence, and ask the jury to return a verdict of guilty or not guilty.
Does the defense always get the last word?
Typically (almost always) the defence has the last word to the jury. (presumption of innocence). This is actually the complete opposite of the truth. Almost always, the side who has the absolute last word to the jury is the side that bears the burden of proof, i.e., the plaintiff (or government in a criminal trial).
Can a defendant speak during closing arguments?
Each party in a jury trial has a right to speak directly to jurors once before and once after the evidence is presented.
Who gets the closing statement?
A closing statement is a form used in real estate transactions that itemizes all the buying or selling costs associated with the transaction. Legally, it must be given to homebuyers and sellers at least three business days before the closing.
What is the golden rule of closing arguments?
A “golden rule” argument is one that, regardless of the nomenclature used, asks the jurors to place themselves in a victim's position. We have repeatedly held that a golden rule argument is improper, and we conclude that the State violated this prohibition in its closing argument.
Who usually goes first in closing arguments?
The way that it works is at the end of the evidence – because the prosecutors have the burden, they get to go first, do their closing arguments, and then the defense gets to go.
What is not allowed in closing arguments?
Don't express personal opinion.
You cannot explicitly inject your own credibility or personal opinions into a closing argument. (“I personally believe that there is no doubt as to the defendant's guilt.”). Likewise, you cannot vouch for a witness.
What is the best line to end an argument?
“I understand.” These are powerful words. They work because they offer empathy. They stop an argument by changing its direction – trying to understand someone else's point of view isn't an argument.
Can lawyers object during closing arguments?
You must act quickly since objections to closing arguments must be timely. Courts hold that an objection to improper argument must be made before the judge submits the case to the jury to deliberate—i.e., during argument or immediately following. Otherwise, the objection is waived.
What is the burden of proof in a closing argument?
Burden of Proof. For criminal cases, state how your evidence met (or the prosecutor's evidence did not meet) the burden of beyond a reasonable doubt. For civil cases, state how your evidence met (or the plaintiff's evidence did not meet) the burden of preponderance of the evidence.
Can a judge overrule a jury?
A judge will issue a JNOV if he or she determines that no reasonable jury could have reached the jury's verdict based on the evidence presented at trial, or if the jury incorrectly applied the law in reaching its verdict.
Who gets the last word in a trial?
In a criminal trial, the prosecution gets the last word, and if it chooses to, may rebut yet again after the defense's closing argument.
How long do most trials take?
How long does a trial take? The length of each trial varies depending on the type of trial, the complexity of the issues involved with that trial, and how long jurors are expected to spend in deliberations. Most trials are completed within a few days to a week.
Who has the last word in a court case?
Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case.
Does the judge always have the final say?
Ultimately, it's up to the judge to rule on these issues of law, and decide which evidence can be considered. Therefore, the jurors should only make their decision based on what is seen and heard in the courtroom, and nothing else. Courts have other standard rules, to make sure the entire process is fair and impartial.
Who gives the final verdict?
A verdict is the formal decision or judgment rendered by a court at the conclusion of a trial or legal proceeding. It represents the culmination of the entire legal process. Verdicts are reached by a judge or a jury , depending on the type of trial and jurisdiction .