Nebraska Statutes 25-1107. Order of trial
When the jury has been sworn the trial shall proceed in the following order, unless the court for special reasons otherwise directs:
Terms Used In Nebraska Statutes 25-1107
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The plaintiff must briefly state his claim, and may briefly state the evidence by which he expects to sustain it.
(2) The defendant must then briefly state his defense, and may briefly state the evidence he expects to offer in support of it.
(3) The party who would be defeated if no evidence were given on either side must first produce his evidence; the adverse party will then produce his evidence.
(4) The parties will then be confined to rebutting evidence unless the court, for good reasons in furtherance of justice, permits them to offer evidence in their original case.
(5) When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be refused or given by the court; which instructions shall be reduced to writing if either party requires it.
(6) The parties may then submit or argue the case to the jury. In argument, the party required first to produce his evidence shall have the opening and conclusion. If several defendants have separate defenses and appear by different counsel, the court shall arrange their relative order.
(7) The court may again charge the jury after the argument is concluded.
Source
- R.S.1867, Code § 283, p. 441;
- R.S.1913, § 7846;
- C.S.1922, § 8790;
- C.S.1929, § 20-1107;
- R.S.1943, § 25-1107.