BoulderPanowithLogo

CHAPTER 12: OUTLINE OF A TRIAL - Table of Contents

12.1 - Introduction12.2 - Pretrial Matters12.3 - Jury Selection12.4 - Opening Statement12.5 - Prosecution Case-in-Chief12.6 - Motion For Judgment of Acquittal/Directed Verdict12.7 - Defense Case-in-Chief12.8 - Rebuttal and Surrebuttal12.9 - Witness Examination12.10 - Jury Instructions12.11 - Closing Argument12.12 - Jury Deliberations12.13 - Motions For Mistrial12.14 - Miscellaneous Issues

12.8 REBUTTAL AND SURREBUTTAL

At the end of the defense case, the prosecution or plaintiff is given the opportunity to present evidence in rebuttal. Whether to allow this evidence is in the trial judge's discretion. Rebuttal evidence is evidence that tends to explain, refute, counteract, or disprove evidence introduced in the defendant's case-in-chief. A prosecutor or plaintiff may not go into new matters that don't contradict the evidence or inferences raised by the defense, nor simply repeat evidence presented in the case-in-chief.

At the end of rebuttal, the defense may be allowed surrebuttal. Surrebuttal evidence is limited to responding to issues that were raised for the first time in the rebuttal case. It is not an opportunity for the defense to present their whole case again, or to open up the door to new issues. It is reversible error for the trial judge to prevent a defendant from introducing surrebuttal evidence to meet new matters raised by the rebuttal evidence presented by the plaintiff or prosecutor.

Return to Table of Contents »


Contents Copyright 1998-2014 Boulder County Bar Association

footwht
footwht footwht
footwht
footwht

All rights reserved Boulder County Bar Association
Phone: 303-440-4758

footwht
footwht
greyleft
Buttongrad

CALENDAR OF EVENTS

FOR THE PUBLIC

triangle
triangle1
HomePage calendarimage facebookicon5