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  1. #1

    Default Who Presents Closing Arguments First

    My question involves traffic court in the State of: NY

    During trial, which side presents closing arguments first. When I was in NJ for a speeding ticket trial, the judge made me go first before prosecutor.

    Is this the procedure in NY also?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Who Presents Closing Arguments First

    The person with the burden of proof normally goes first - for opening statement, order of proofs, and closing argument. The prosecutor would thus normally have gone first, but apparently either waived closing in favor of presenting only a rebuttal or with the court's permission combined closing argument with rebuttal.

  3. #3

    Default Re: Who Presents Closing Arguments First

    In the rebuttal that you refer to, is the prosecutor only allowed to respond to my closing statement (like when he might respond to my cross examination of a witness) as this would limit what he could say?

    Also, can I counter his rebuttal or is this not allowed?

  4. #4
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Who Presents Closing Arguments First

    Only the party with the burden of proof gets a rebuttal argument. The purpose of the rebuttal is to respond to new issues raised in the defendant's closing.

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