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Indiana Case Law When you have the burden of proof, are you entitled to do opening and closing statements?
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When you have the burden of proof, are you entitled to do opening and closing statements?

January 14, 2020Davidgladish@hotmail.comCategories: Indiana Case Law, Indiana Criminal Law, Trial

Question: When you have the burden of proof, are you entitled to do opening and closing statements in civil and criminal cases?
Answer: Yes. See below. In a criminal case after the jury is impaneled and sworn, the trial shall proceed in the following order: (1) The prosecuting attorney shall state the case of the prosecution and briefly state the evidence by which he expects to support it, and the defendant may then state his defense and briefly state the evidence he expects to offer in support of his defense. (2) The prosecuting attorney shall then offer the evidence in support of the prosecution, and the defendant shall then offer the evidence in support of his defense. In a civil case, the parties may either submit or argue a case to the jury. In the argument, the party with the burden of the issue has the opening and closing. The party who opens must disclose in the opening all the points relied on in the cause. If, in the closing, the party who closes refers to any new point or fact not disclosed in the opening, the adverse party has the right of replying to the new point or fact. The adverse party’s reply closes the argument in the case.