Which side goes first in closing arguments?

Author

Christopher Ramos

Published Mar 08, 2026

Which side goes first in closing arguments?

The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.

Likewise, how do you start a closing argument in court?

To write a closing argument, start with your theory of the crime, which you should try to bring up within the first 30 seconds of your closing argument. Then, review your evidence by taking the jury step-by-step through the facts of the case from your side's perspective.

Secondly, who closes first in a criminal trial? Steps in a TrialThe judge usually indicates to the lawyers before closing arguments begin which instructions he or she intends to give the jury. In their closing arguments the lawyers can comment on the jury instructions and relate them to the evidence. The lawyer for the plaintiff or government usually goes first.

Correspondingly, what should be included in a closing argument?

Generally, closing arguments should include:

a summary of the evidence.
any reasonable inferences that can be draw from the evidence.
an attack on any holes or weaknesses in the other side's case.
a summary of the law for the jury and a reminder to follow it, and.

How long is a closing argument?

20-60 minutes

Who gives the last closing argument?

Closing Arguments. The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.

How do you write a closing?

What to include

Your conclusion wraps up your essay in a tidy package and brings it home for your reader.
Your topic sentence should summarize what you said in your thesis statement.
Do not simply restate your thesis statement, as that would be redundant.
Your conclusion is no place to bring up new ideas.

What is the purpose of a closing argument?

Closing Argument

Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position.

How do you close a closing paragraph?

How to conclude an essay:

Restate the thesis by making the same point with other words (paraphrase).
Review your supporting ideas.
For that, summarize all arguments by paraphrasing how you proved the thesis.
Connect back to the essay hook and relate your closing statement to the opening one.

What are opening statements and closing arguments?

Differences Between Opening Statements & Closing Arguments

Opening Statement. The opening statement at the beginning of the trial is limited to outlining facts.
Closing Argument. Only after the jury has seen and heard the factual evidence of the case are the parties allowed to try to persuade them about its overall significance.
Key Difference.

How do you write a good closing statement for defense?

Here are five tips for defense counsel's closing argument.

Lead the jurors to understand the law behind a verdict. Review the evidence in a clear, simple, concise way.
Go for juror empathy.
Stress the burden of proof.
Consider nixing sympathy for plaintiff.
Anticipate plaintiff's rebuttal.

What is a good closing statement?

An effective closing argument ties together all the pieces of a trial and tells a compelling story. Generally, closing arguments should include: a summary of the evidence. any reasonable inferences that can be draw from the evidence.

How do you write an opening argument?

Opening Statement Checklist

State your theme immediately in one sentence.
Tell the story of the case without argument.
Persuasively order your facts in a sequence that supports your theme.
Decide whether to address the bad facts in the opening or not.
Do not read your opening statement.
Bring an outline, if necessary.

Why does the judge give the jury instructions?

The judge decides questions of law, meaning he or she decides how the law applies to a given set of facts. Jury instructions are given to the jury by the jury instructor, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case.

How do you write a closing argument in a debate?

Closing Argument Outline

Remind your audience of the evidence. Explain how each piece of evidence justifies your claim. How does the evidence show that your argument is true? How does all of the evidence fit together to explain the puzzle of the case?

What does a home closing statement look like?

A mortgage closing statement lists all of the costs and fees associated with the loan as well as the total amount and payment schedule. A seller's closing agreement is prepared by the real estate agent and lists all commissions and costs in addition to the net total to be paid to the seller.

How do you write a closing statement for a civil case?

Discuss the burden of proof (some put this near the beginning) “This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence.” (Explain briefly and illustrate with hands what a preponderance of the evidence means)
Restate the theory of the case.
Tell the jury what you want.

Who closes first prosecution or defense?

The Right to Present a Defense

Usually, the prosecution first makes a closing argument, then the defense attorney. The prosecutor, who has the burden of proof, frequently gets the chance to respond to the defense's final argument.

Who speaks last in a criminal trial?

In some countries (e.g. France or Germany), in criminal cases, the defendant's counsel always makes his closing argument last, after the public prosecutor or any other party. Sometimes the defendant is allowed to address the court directly after his or her counsel's closing argument.

What is the level of proof in a criminal trial?

The standard of proof is 'clear and convincing evidence', which is described as 'higher than "preponderance of the weight of credible evidence" which is usually deemed sufficient in civil proceedings, yet not as stringent as "beyond a reasonable doubt" required in criminal cases.

What comes first in a trial?

The prosecution goes first, followed by the defense. Witness testimony – Each side can call witnesses and ask them questions about the case and/or the defendant. First, the prosecution calls their witnesses, who can then be cross examined by the defense.

What is the order of a criminal case?

The state presents its case first, followed by the defendant. At the close of evidence, the jury deliberates and renders a verdict of “guilty” or “not guilty.” If the jury cannot reach a unanimous verdict, the court may declare a mistrial, in which case the state may be able to re-try the case with a new jury.

What is a closing speech?

closing speeches. DEFINITIONS1. 1. a statement that each lawyer makes at the end of a trial in which they explain why they believe their client should win. Synonyms and related words.

What are the different stages of a criminal trial?

Witness Testimony and Cross-Examination. Closing Arguments. Jury Instruction. Jury Deliberation and Verdict.

Why does the prosecutor plaintiff go first in giving the opening statement?

In both criminal and civil cases, the plaintiff (the State in criminal prosecutions) makes opening statements first and also puts on their case first. As the other answers correctly note, it's because the plaintiff must prove the case. Usually, but not always, this motion is denied and the defendant presents his case.

What is allowed in closing argument?

The basic rules governing closing arguments are easy to summarize: you are prohibited from appealing to the irrelevant prejudices of the jury; otherwise, you are limited only by the evidence presented during the trial. However, emotions can run high during closing argument, and objections often are called for.

Who goes first in closing arguments defense or prosecution?

Closing Arguments. The prosecution goes first, followed by the defense and a rebuttal by the prosecution. Because the prosecution has the burden of proof, it gets the final word. After the closing arguments, the judge will give the jury its final instructions.

How do you write a closing argument for a plaintiff?

A plaintiff's closing argument must focus on linking the plaintiff's claims to the evidence.

Here are three tips from expert trial attorneys for an effective closing argument.

Build rapport back up.
Start with something that the jury can accept.
Get to your rebuttal early.

Are Closing statements public record?

But closing documents are typically kept by the closing agent, lawyer, or escrow officer. The deed and mortgage documents are filed with the county recorder and these become public record. You can always obtain copies of these from the recorder's office or from a title company.

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Which side goes first in closing arguments?