Rule 42-35. Order of Parties Proceeding at Trial

Unless the judicial authority for cause permits otherwise, the parties shall proceed with the trial in the following order:

(1) The prosecuting authority shall present the case-in-chief.

(2) The defendant may present a case-in-chief.

(3) The prosecuting authority and the defendant may present rebuttal evidence in successive rebuttals, as required. The judicial authority for cause may permit a party to present evidence not of a rebuttal nature, and if the prosecuting authority is permitted to present further evidencein-chief, the defendant may respond with further evidence-in-chief.

(4) The prosecuting authority shall be entitled to make the opening and final closing arguments.

(5) The defendant may make a single closing argument following the opening argument of the prosecuting authority.

Committee Notes

(P.B. 1978-1997, Sec. 874.)