When the jury has been sworn, the trial must proceed in the following order, unless the court, for special reasons otherwise directs: 1. The plaintiff may state the issue and his case; 2. The defendant may then state his defense, if he so wishes, or wait until after plaintiff has produced his evidence; 3. The plaintiff must then produce the evidence on his part; 4. The defendant may then open his defense, if he has not done so previously; 5. The defendant may then produce the evidence on his part; 6. The parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case; 7. When the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff must commence and may conclude the argument; 8. If several defendants having separate defenses, appear by different counsel, the court must determine their relative order in the evidence and argument; 9. The court may then charge the jury.
§ 607.Order In Which Trial Must Proceed When Jury Sworn
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 4. Trial by Jury · Article 2. Conduct of the Trial · Last amended 1965 · Last verified July 28, 2026
In one sentenceSection 607 lays out the default nine-step order of proceedings once a jury is sworn -- opening statements, the plaintiff's case, the defendant's case, rebuttal evidence, closing argument beginning and ending with the plaintiff, and the court's charge to the jury -- subject to the court's power to vary that order for special reasons.
Full Text of § 607
Plain-English Summary
This section is the script for an ordinary jury trial. Once the jury is sworn, the trial proceeds through nine steps in order, unless the court directs otherwise for special reasons: the plaintiff states the case, the defendant may state a defense or wait, the plaintiff presents evidence, the defendant opens a defense if not already done, the defendant presents evidence, and then both sides may offer rebuttal evidence only — unless the court allows more in furtherance of justice.
Once the evidence closes, the plaintiff argues first and may also close the argument, assuming the case isn't submitted without argument by either or both sides. When several defendants with separate defenses appear through different counsel, the court decides their relative order for both evidence and argument. The court may then charge the jury, a step § 607a and § 608 govern in more detail.
Frequently Asked Questions
Does the plaintiff always argue first and last?
Yes, under the default order § 607 sets out, the plaintiff commences the closing argument and may also conclude it, unless the case is submitted without argument.
Can the court change this order of proceedings?
Yes. Section 607 lets the court direct a different order for special reasons.
What happens when multiple defendants have separate defenses and different lawyers?
The court determines their relative order in presenting evidence and argument.
What kind of evidence can be offered after both sides rest?
Only rebutting evidence, unless the court permits the parties to offer evidence on their original case for good reason, in furtherance of justice.
Amendment History
Amended by Stats. 1965, Ch. 841.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: order of jury trial proceedings californiasequence of trial california