Title 1 Civil Procedure

1-11-205. Order of trial.

(a) When the jury has been sworn, the trial shall proceed in the following order, unless the court for good cause otherwise directs: (i) The party who has the burden of the issues may briefly state his case and the evidence by which he expects to sustain it; (ii) The adverse party may then briefly state his defense and the evidence he expects to offer in support of it; (iii) The party who has the burden of the issues shall first produce his evidence, the adverse party will then produce his evidence; (iv) The parties will then be confined to rebutting evidence unless the court permits them to offer evidence in their original case; (v) When the evidence is concluded, and either party desires special instructions to be given to the jury, the instructions shall be reduced to writing, numbered and signed by the party or his attorney asking the same, and delivered to the court; (vi) Before argument of the cause is begun, the court shall give such instructions of the law to the jury as may be necessary. The instructions shall be in writing, numbered and signed by the judge; (vii) Where either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, give the instructions with modifications, or refuse to give them. The court shall mark each instruction offered so that it shall appear which instructions were given in whole or in part, and which were refused, so that either party may except to the instructions as given, refused or modified. All instructions given by the court together with those refused shall be filed as a part of the record.