In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called by the plaintiff.
§ 9-10-186.Opening and closing arguments
Chapter 10. Civil Practice and Procedure Generally · Article 8. Argument and Conduct of Counsel · Last amended 1997 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-10-186 gives the plaintiff the opening and concluding arguments in a civil case unless the defendant introduces no evidence or admits a prima facie case, and in personal injury cases treats any defense evidence on the extent of damages, apart from cross-examination, as defeating that admission.
Full Text of § 9-10-186
Plain-English Summary
Who gets to speak first and last to the jury can shape how persuasive a case feels, and this section sets the default rule. Because the plaintiff carries the burden of proof in a civil action, the plaintiff normally gets both the opening and the concluding argument.
That default flips only when the defendant introduces no evidence, or admits a prima facie case — in either situation, the defendant takes over the opening and concluding argument instead. Personal injury cases get a special carve-out on what counts as an admission: introducing evidence about the extent of damages defeats the admission, unless that evidence comes only through cross-examining the plaintiff and the plaintiff’s witnesses. A defendant who puts on independent damages evidence, in other words, keeps the plaintiff’s right to open and conclude intact.
Frequently Asked Questions
Who gets the opening and concluding arguments by default in a civil case?
The plaintiff, because the burden of proof rests with the plaintiff.
When does the defendant get to open and conclude instead?
If the defendant introduces no evidence or admits a prima facie case.
In a personal injury case, does cross-examining the plaintiff about damages count against the defendant?
No. Cross-examination of the plaintiff and the plaintiff’s witnesses does not, by itself, defeat the admission of a prima facie case.
What happens if the defendant in a personal injury case puts on its own evidence about damages?
The defendant is deemed not to have admitted a prima facie case, so the plaintiff keeps the opening and concluding arguments.
Does this section apply to all civil actions or only personal injury cases?
The general opening-and-concluding rule applies to civil actions where the burden of proof rests with the plaintiff; the specific rule about evidence on the extent of damages applies to civil actions for personal injuries.
Amendment History
Code 1981, § 9-10-186, enacted by Ga. L. 1997, p. 951, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: opening and closing argument order georgiawho argues first plaintiff defendant georgiaprima facie case argument order georgiapersonal injury damages evidence argument order