After the jury is sworn, the trial shall proceed in the following order:
Rule 1.919.Procedure after jury sworn
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.919 sets the fixed order of trial once the jury is sworn: opening statements, evidence from the party with the burden of proof followed by the adverse party, rebuttal evidence only, and one lawyer per side examining each witness.
Full Text of Rule 1.919
(1) The party having the burden of proof on the whole action may briefly state the party's claim, and by what evidence the party expects to prove it.
(2) The other party may similarly state that party's defense and evidence.
(3) The first above party must then produce that party's evidence; to be followed by that of the adverse party.
(4) The parties will be confined to rebutting evidence, unless the court in furtherance of justice, permits them to offer evidence in their original case.
(5) Only one counsel on each side shall examine the same witness, unless otherwise permitted by the court.
Plain-English Summary
Once the jury is sworn, Rule 1.919 lays out the sequence a trial follows from that point forward. The party carrying the burden of proof on the whole action goes first, briefly stating its claim and the evidence it expects to offer. The other party then does the same for its defense. From there, the party with the burden puts on its evidence, followed by the adverse party's evidence.
After both sides have presented their case, the parties are confined to rebuttal evidence, unless the court, in furtherance of justice, allows them to reopen and offer evidence in their original case. The rule closes with a courtroom-management detail: only one lawyer per side may examine the same witness, unless the court permits otherwise. That keeps direct and cross-examination from turning into a relay of multiple attorneys on the same side.
Frequently Asked Questions
Who presents evidence first at trial?
Rule 1.919 gives the opening statement and the first presentation of evidence to the party with the burden of proof on the whole action, followed by the other party's statement and evidence.
Can a party introduce new evidence after both sides have rested?
Generally the parties are confined to rebutting evidence at that stage, but Rule 1.919 lets the court, in furtherance of justice, permit a party to offer evidence in its original case even after the normal order has passed.
Can two lawyers on the same side both question a witness?
No, not without the court's permission. Rule 1.919 limits examination of the same witness to one counsel per side unless the court otherwise permits.
Do both sides give opening statements before any evidence is presented?
Yes. Rule 1.919 has the party with the burden of proof state its claim and expected evidence first, followed by the other party stating its defense and evidence, before either side puts on evidence.
What is rebuttal evidence under this rule?
It is the evidence offered after both parties have presented their main case — evidence that responds to what the other side already put in, rather than expanding a party's own case-in-chief.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa order of trial ruleiowa opening statement orderiowa rebuttal evidence ruleone attorney examine witness iowa