§ 16-64-110 — Order of trial

When the jury has been sworn, the trial shall proceed in the following order unless the court, for special reasons, otherwise directs: (1) The plaintiff must briefly state his or her claim and the evidence by which he or she expects to sustain it; (2) The defendant must then briefly state his or her defense and the evidence he or she expects to offer in support of it; (3) (A) The party on whom rests the burden of proof in the whole action must first produce his or her evidence; (B) The adverse party will then produce his or her evidence; (4) The parties will then be confined to rebutting evidence unless the court, for good reasons, in furtherance of justice, permits them to offer evidence in their original case; (5) When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be given or refused by the court, and the instructions shall be reduced to writing if either party requires it; and (6) The parties may then submit or argue the case to the jury. In the argument the party having the burden of proof shall have the opening and conclusion, and if, upon the demand of his or her adversary, he or she refuses to open and fully state the grounds upon which he or she claims a verdict, he or she shall be refused the conclusion.

Legislative History

Civil Code, § 349; Acts 1875 (Adj. Sess.), No. 92, § 1, p. 174; C. & M. Dig., § 1292; Pope's Dig., § 1517; A.S.A. 1947, § 27-1727.