Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lays out, step by step, the default order of a Nebraska civil jury trial once the jury is sworn — opening statements, evidence from the party who would lose without it, opposing evidence, rebuttal, requested jury instructions, closing arguments, and any final charge from the court.
Full Text of § 25-1107
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When the jury has been sworn the trial shall proceed in the following order, unless the court for special reasons otherwise directs:
(1) The plaintiff must briefly state his claim, and may briefly state the evidence by which he expects to sustain it.
(2) The defendant must then briefly state his defense, and may briefly state the evidence he expects to offer in support of it.
(3) The party who would be defeated if no evidence were given on either side must first produce his evidence; the adverse party will then produce his evidence.
(4) 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 their original case.
(5) When the evidence is concluded, either party may request instructions to the jury on points of law, which shall be refused or given by the court; which instructions shall be reduced to writing if either party requires it.
(6) The parties may then submit or argue the case to the jury. In argument, the party required first to produce his evidence shall have the opening and conclusion. If several defendants have separate defenses and appear by different counsel, the court shall arrange their relative order.
(7) The court may again charge the jury after the argument is concluded.
Once the jury is sworn, § 25-1107 supplies the choreography for everything that follows, unless the court has special reasons to depart from it. The plaintiff briefly states the claim and may preview the supporting evidence; the defendant then briefly states the defense and may preview evidence supporting it. These opening statements orient the jury before any testimony begins.
Evidence comes next, and the order follows a practical logic: the party who would lose if no evidence were offered by either side has to go first, with the opposing party following. After both sides have presented their case, the parties are confined to rebutting evidence, unless the court, in the interest of justice, allows them back into their original case for good reason. This is also the point where either party may ask the court for instructions on points of law, to be given or refused, and reduced to writing if a party asks for that.
Closing argument follows, and here the section preserves an advantage for the party who presented evidence first: that party gets both the opening and the closing word in argument, effectively sandwiching the other side’s argument in between. Where several defendants have separate defenses and separate counsel, the court arranges their relative order. Finally, the court may charge the jury again once argument has concluded — a last word on the law before deliberation begins.
Because the court can depart from this sequence for special reasons, § 25-1107 sets the default script rather than an unbending mandate. It gives litigants a reliable expectation of how their trial will unfold while leaving room for the judge to adjust when the case calls for it.
Frequently Asked Questions
Who presents evidence first at a Nebraska civil trial?
The party who would be defeated if no evidence were offered by either side goes first, with the opposing party presenting evidence afterward.
Can the court change the standard order of trial?
Yes. Section 25-1107 applies “unless the court for special reasons otherwise directs,” so the judge has discretion to depart from the default sequence.
What does it mean to be “confined to rebutting evidence”?
After both sides have presented their case, further evidence is generally limited to rebutting what the other side offered, unless the court permits additional evidence in the original case for good reason.
Who gets to open and close the closing argument?
The party required to produce evidence first also gets the opening and the closing of the argument to the jury, bracketing the other side’s argument.
What happens when there are several defendants with different lawyers?
If defendants have separate defenses and appear through different counsel, the court arranges the order in which they present and argue their positions.
Can the judge instruct the jury more than once?
Yes. The section allows the court to charge the jury again after arguments have concluded, in addition to any instructions given before argument.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:order of a nebraska civil trialtrial sequence steps nebraskawho presents evidence first at trialopening and closing argument order nebraska25-1107 nebraska statuteburden of proof trial order