Who usually goes first in closing arguments?
Asked by: Gerhard Buckridge | Last update: January 7, 2026Score: 4.5/5 (23 votes)
The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendant's closing argument. 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.
Who goes first in closing statements?
The Right to Present a Defense
They are also entitled to give a closing argument. 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.
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.
What are the rules for closing arguments?
Closing Argument
At this point, parties are free to use hypothetical analogies to make their points; to comment on the credibility of the witnesses, to discuss how they believe the various pieces of the puzzle fit into a compelling whole, and to advocate why jurors should decide the case in their favor.
Who gets the last word in a trial?
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.
Ponzi Scheme Murder Trial: Defense Closing Argument
What are two things jurors should never do?
Don't lose your temper, try to bully, or refuse to listen to the opinions of other jurors. Don't mark or write on exhibits or otherwise change or injure them.
Who testifies first in the trial?
The side bringing the case is the side that bears the burden of proof, and thus always goes first. This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case. The defense then follows with their opening statement.
Can lawyers say anything in closing arguments?
In closing arguments to the jury, an attorney shall not: (1) become abusive, (2) express his personal belief as to the truth or falsity of the evidence, (3) express his personal belief as to which party should prevail, or (4) make arguments premised on matters outside the record.
What is the format for a closing argument?
The basic components are: a dynamic beginning; a compelling and accurate factual story consistent with your case theme and theory; an application of the facts to the law; a strong ending that reinforces your case theme/theory; and a clear “ask” (tell the jurors what you want them to do).
What do judges say when the case is closed?
Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.
What is reptile theory?
Reptile theory encourages the jury to focus on the acts of the defendant rather than the specific facts surrounding the individual plaintiff's injury. Combat that strategy by assessing your case promptly and developing your defense theory at the outset.
How long is the average closing argument?
These tools are often useful during closing arguments, as they give the jury visuals on which to focus and can help the jurors form a complete picture of the arguments in their minds. Each closing argument usually lasts 20-60 minutes.
What are the 3 basic golden rules?
- "Debit what comes in - credit what goes out."
- "Credit the giver and Debit the Receiver."
- "Credit all income and debit all expenses."
How long can a jury deliberate?
The jury is then escorted by the bailiff or court officer from the courtroom to the jury deliberation room. These deliberations may last only a few minutes to many days; therefore the room must be comfortable, well ventilated, and designed to minimize the stress on jurors.
What not to do in a closing statement?
Don't Get Personal. Do not refer to jurors by name or tell overly personal stories. You will make jurors uncomfortable, and they will lose track of your argument. Stick to your case theme.
Who goes last in a criminal trial?
According to Federal Rules of Criminal Procedure, 29.1, the government goes first, the defendant goes next, then the government gets another opportunity to rebut what the defendant's attorney has argued. The government gets to go first, and last, because they have the burden of proof.
What is the correct order of closing arguments?
In the United States, the plaintiff is generally entitled to open the argument. The defendant usually goes second. The plaintiff or prosecution is usually then permitted a final rebuttal argument.
Who presents their closing statement first?
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).
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.
How do you win a closing argument?
- The power of substance.
- Draft early, draft often.
- Acknowledge the court staff, the jury, your client, and your team.
- Keep it simple – not stupid.
- Practice your delivery.
- Use formal presentations as necessary.
- Take the jury through the trial witnesses and evidence.
- Deal with bad facts and bad witnesses.
Can someone 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.
Are closing arguments considered evidence?
Closing arguments are arguments, not evidence, so disclosure in advance is not mandatory under the discovery statutes.
Who argues first in court?
The trial begins with the opening statement of the party with the burden of proof. This is the party that brought the case to court--the government in a criminal prosecution or the plaintiff in a civil case--and has to prove its case in order to prevail. The defense lawyer follows with his or her opening statement.
Why do most civil cases never go to trial?
There are several reasons why it may be better to settle a case rather than going to trial. Trials are expensive. Trials are stressful. Liability and damages are difficult to determine when your case is decided by a judge or jury.
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.