When the jury has been sworn, the trial shall proceed in the following order, unless the court, for special reasons otherwise directs:
Rule 43.02.Order of proceeding in trial.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceRule 43.02 sets the default sequence for a jury trial: opening statements, presentation of evidence starting with the party bearing the burden of proof, rebuttal evidence, and closing arguments, unless the court directs otherwise for special reasons.
Full Text of Rule 43.02
(a) The plaintiff must briefly state his claim and the evidence by which he expects to sustain it.
(b) The defendant must then briefly state his defense and the evidence he expects to offer in support of it.
(c) The party on whom rests the burden of proof in the whole action must first produce his evidence; the adverse party will then produce his evidence. The party who begins the case must ordinarily exhaust his evidence before the other begins. But the order of proof shall be regulated by the court so as to expedite the trial and enable the tribunal to obtain a clear view of the whole evidence.
(d) The parties will then be confined to rebutting evidence, unless the court, for good reasons in furtherance of justice, permits them to offer evidence in chief.
(e) The parties may submit or argue the case to the jury. In the argument, the party having the burden of proof shall have the conclusion and the adverse party the opening. If there be more than one speech on either side, or if several defendants having separate defenses appear by different counsel, the court shall arrange the relative order of argument.
Amendment History
(Amended October 18, 1977, effective January 1, 1978.)
Plain-English Summary
Once the jury is sworn, this rule lays out the order a trial follows unless the court, for special reasons, directs something different. The plaintiff briefly states the claim and the evidence expected to support it; the defendant then briefly states the defense and the evidence expected in support.
Evidence comes next. The party who carries the burden of proof for the whole action goes first, then the adverse party follows. The party who starts must ordinarily use up the evidence before the other side begins, though the court can regulate the order of proof to speed the trial along and give a clear view of the whole evidence.
After the main evidence, the parties are confined to rebutting evidence, unless the court, for good reasons in furtherance of justice, allows them to offer more evidence in chief. Closing argument follows: the party with the burden of proof gets the concluding argument, and the adverse party opens. If there is more than one speech on a side, or several defendants with separate defenses appear through different counsel, the court arranges the order of argument.
Frequently Asked Questions
What is the order of proceeding at a Kentucky civil jury trial?
Unless the court directs otherwise for special reasons: the plaintiff states the claim and expected evidence, the defendant states the defense and expected evidence, evidence is presented starting with the party who bears the burden of proof, then rebuttal evidence, then closing arguments.
Who gives the last closing argument at trial?
The party with the burden of proof in the whole action gets the conclusion, and the adverse party gets the opening. If several defendants with separate defenses appear through different counsel, or if either side has more than one speech, the court arranges the relative order.
Can I offer new evidence after rebuttal at trial?
The parties are confined to rebutting evidence once the main evidence is in, unless the court, for good reasons in furtherance of justice, permits them to offer evidence in chief.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 43.02). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: order of trial Kentucky civil casewho presents evidence first at trial Kentuckyclosing argument order Kentucky civil trialCR 43.02rebuttal evidence order at trial