§ Rule 39(b) Order of Trial by Jury; Questions by Jurors to Witnesses or the Court

Codes > Rules of Civil Procedure for the Superior Courts of Arizona > VI Trials > Rule 39 > Rule 39(b)

Rule 39(b). Order of Trial by Jury; Questions by Jurors to Witnesses or the Court

    The trial by a jury shall proceed in the following order, unless the court for good cause stated in the record, otherwise directs:

    (1) Immediately after the jury is sworn, the court shall instruct the jury concerning its duties, its conduct, the order of proceedings, the procedure for submitting written questions of witnesses or of the court as set forth in Rule 39(b)(10), and the elementary legal principles that will govern the proceeding.

    (2) The plaintiff or the plaintiff's counsel may read the complaint to the jury and make a statement of the case.

    (3) The defendant or the defendant's counsel may read the answer and may make a statement of the case to the jury, but may defer making such statement until after the close of the evidence on behalf of the plaintiff.

    (4) Other parties admitted to the action or their counsel may read their pleadings and may make a statement of their cases to the jury, but they may defer making such statement until after the close of the evidence on behalf of the plaintiff and defendant. The statement of such parties shall be in the order directed by the court.

    (5) The plaintiff shall then introduce evidence.

    (6) The defendant shall then introduce evidence.

    (7) The other parties, if any, shall then introduce evidence in the order directed by the court.

    (8) The plaintiff may then introduce rebutting evidence.

    (9) The defendant may then introduce rebutting evidence in support of the defendant's counterclaim(s) if any. Rebuttal evidence from other parties or with respect to cross-claims or third party complaints may be introduced with the permission of the court in an order to be established at the court's discretion.

    The statements to the jury shall be confined to a concise and brief statement of the facts which the parties propose to establish by evidence on the trial, and any party may decline to make such statement.

    (10) Jurors shall be permitted to submit to the court written questions directed to witnesses or to the court. Opportunity shall be given to counsel to object to such questions out of the presence of the jury. Notwithstanding the foregoing, for good cause the court may prohibit or limit the submission of questions to witnesses.