§ 4016 — Opening and closing statements

New York § 4016

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 40: Trial Generally

Text

Rule 4016. Opening and closing statements. (a) Before any evidence is\noffered, an attorney for each plaintiff having a separate right, and an\nattorney for each defendant having a separate right, may make an opening\nstatement. At the close of all the evidence on the issues tried, an\nattorney for each such party may make a closing statement in inverse\norder to opening statements.\n (b) In any action to recover damages for personal injuries or wrongful\ndeath, the attorney for a party shall be permitted to make reference,\nduring closing statement, to a specific dollar amount that the attorney\nbelieves to be appropriate compensation for any element of damage that\nis sought to be recovered in the action. In the event that an attorney\nmakes such a reference in an action being tried by a jury, the court\nshall, upon the request of any party, during the court's instructions to\nthe jury at the conclusion of all closing statements, instruct the jury\nthat:\n (1) the attorney's reference to such specific dollar amount is\npermitted as argument;\n (2) the attorney's reference to a specific dollar amount is not\nevidence and should not be considered by the jury as evidence; and\n (3) the determination of damages is solely for the jury to decide.\n