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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 Texas, during a jury trial, after all evidence has been presented and the jury charge (instructions) has been read, the parties have the opportunity to make their closing arguments. The party that carries the burden of proof for the case, or for all matters being submitted to the jury as per the jury charge, is typically granted the right to both open and conclude the argument. This is based on the principle that the party with the burden of proof should have the chance to address the jury first and have the final word to reinforce their position. In cases where multiple parties are involved, each with their own claims or defenses, the court will decide the sequence in which they may present their arguments to the jury. This order is determined at the discretion of the court and is designed to ensure a fair and orderly process.


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