So I’m watching “The Practice” and closing arguments are being shown - in a fashion that suggests that prosecutor and defender are taking turns talking. That isn’t right, is it? As I understand it, one side makes its closing argument and then the other side does; they don’t go back and forth like high school forensics.
(P.S. I suppose that “The Practice” might be cutting up the prosecutor’s argument and the defender’s argument and interspersing them - but it really looks like the two of them are responding to each other’s words.
I was a juror on a short one day trial last year. The way it worked is the prosecuting attorney spoke first. The defendant’s lawyer then went through their closing arguments. The prosecuting attorney was then given a chance for a final rebuttal (though they declined in this case) and that’s it.
My understanding is that most states follow this pattern, but there may be some outliers.
Nope. It is how you described; the prosecutor gets to go first, then the defense, then the prosecutor gets to make a rebuttal.
(Also, if they so desire, the defense can wait to make their opening argument until they begin to present their case, which is after the prosecution has rested their case. Typically, though, most defense attorneys will present their open right as soon as the prosecutor finishes theirs, before any witnesses have been called by anybody).
In a Trial, a plaintiff or the Prosecution (as the case may be) goes first, then the defence has its turn and then the Plaintiff/prosecution has a rebuttal.
It’s possible for the Defendant to go again and another rebuttal ad infinitum, but with leave of the court. As you can imagine, very rare. In a dozen years as a lawyer, only seen defence counter rebuttal once, and that was just for a minute on one point.
Hell, probably less then half the time is rebuttal even Exercised.