Back to Main Page / Back to List of Rules

Rule 265. Order of Proceedings on Trial by Jury (1967)

TEXT

The trial of cases before a jury shall proceed in the following order unless the court should, for good cause to be stated in the record, otherwise direct:

(a) The party upon whom rests the burden of proof on the whole case shall be permitted at his option to read his pleading or to state to the jury briefly the nature of his claim or defense. Immediately thereafter the adverse party shall be permitted to read his pleading or to make his statement, if he elects to do so, and any intervenor shall also be permitted to read his pleading or to make his statement.

(b) The party upon whom rests the burden of proof on the whole case shall then introduce his evidence.

(c) The adverse party may then read his pleading or state briefly the nature of his defense or claim unless he has already done so.

(d) He shall then introduce his evidence.

(e) The intervenor may read his pleading or make his statement, unless he has already done so, and shall introduce his evidence.

(f) The parties shall then be confined to rebutting testimony an each side.

(g) But one counsel on each side shall examine and cross-examine the same witness, except on leave granted.

Amended by order of July 20, 1966, eff. Jan. 1, 1967: The Rule has been rewritten to permit each party, at his option, either to read his pleading or state the nature of his claim or defense to the jury, but not do both.