Skip to main content

Rule 39.1 Conduct of a Trial

Article VI. Trials

(a) Subject to the order of the court, the sequence of presentation of the case shall be as follows:

(1) The plaintiff shall have the right to make an opening statement. The defendant shall also have the right to make an opening statement, either immediately after the plaintiff's statement or at the beginning of the defendant's case.

(2) After the opening statement or statements the plaintiff shall produce the evidence on the plaintiffs part.

(3) The defendant may then open the defense and offer the defendant's evidence in support thereof.

(4) The parties may then respectively offer rebutting evidence only.

(5) When the evidence is concluded, unless the case is submitted on either side or both sides without argument, the plaintiff shall open the argument; the defendant may then reply: and the plaintiff may conclude the argument, and in the conclusion shall confine itself to answering any new matter or arguments presented by the defendant.

(b) Except by leave of court:

(1) Only one counsel for each party shall examine and cross-examine the same witness or be heard on any question.

(2) No more than two counsel shall appear for any party on the trial.