In all criminal trials, excluding the sentencing phase of a capital case, at the close of all the evidence, the prosecuting attorney shall be entitled to an initial closing argument and a rebuttal closing argument before the jury or the court sitting without a jury. Failure of the prosecuting attorney to make a closing argument shall not deprive the defense of its right to make a closing argument or the prosecuting attorney’s right to then make a rebuttal argument. If the defendant does not present a closing argument, the prosecuting attorney will not be permitted a rebuttal argument.
RULE 3.381. FINAL ARGUMENTS
- At the end of a trial, the prosecutor gives the first closing argument.
- The defense then has the right to give its closing argument.
- After the defense argues, the prosecutor is entitled to a final rebuttal argument.
- If the defense chooses to waive its closing argument, the prosecutor is not permitted to give a rebuttal argument.
Copied!
Back to Table of Contents