North Dakota Code 28-14-10 – Order of trial
When the jurors have been sworn, the trial must proceed in the following order, unless the judge for special reasons directs otherwise:
Terms Used In North Dakota Code 28-14-10
- 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.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- 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, after stating the issue and the plaintiff’s case, shall produce the evidence on the plaintiff’s part; 2. The defendant then may open the defendant’s defense and offer the defendant’s evidence in support thereof; 3. The parties then respectively may offer rebutting evidence only, unless the court, for good reasons in furtherance of justice, permits them to offer evidence upon their original case; 4. The court may charge the jury when the evidence is concluded or after the argument, if any, of the plaintiff and defendant; 5. Unless the case is submitted to the jury on either or both sides without argument, the plaintiff shall commence and may conclude the argument; and
6. If several defendants having separate defenses appear by different counsel, the court shall determine their relative order in the evidence and argument.