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Rule 265. Order of Proceedings on Trial by Jury (Mar1941)

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) Plaintiff's petition shall be read to the jury.

(b) Defendant's answer shall be read to the jury.

(c) If there be any intervenor his pleadings shall be read.

(d) The party upon whom rests the burden of proof on the whole case under the pleadings, shall be permitted to state to the jury briefly the nature of his claim or defense and facts relied upon in support thereof.

(e) Such party shall then introduce his evidence.

(f) The adverse party may then state briefly the nature of his defense or claim and the facts relied on in support thereof.

(g) He shall then introduce his evidence.

(h) The intervenor may, in like manner, make his statement, and shall then introduce his evidence.

(i) The parties shall then be confined to rebutting testimony on each side.

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

Amended by order of March 31, 1941, eff. Sept. 1, 1941: The above Article is unchanged except that subdivision (j) above has been added. Its source is Texas Rule 43 (for District and County Courts), unchanged.