§ 577.Order of Trial

Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 577 sets the seven-step order of an Oklahoma civil jury trial -- opening statements, the evidence-in-chief and demurrer practice, rebuttal, requested and general jury instructions, and closing argument -- unless the court has special reasons to depart from it.

Full Text of § 577

Text size

When the jury has been sworn, the trial shall proceed in the following order, unless the court for special reasons otherwise directs:

First. The party on whom rests the burden of the issues may briefly state his case, and the evidence by which he expects to sustain it.

Second. The adverse party may then briefly state his defense, and the evidence he expects to offer in support of it.

Third. The party on whom rests the burden of the issues must first produce his evidence; after he has closed his evidence the adverse party may interpose and file a demurrer thereto, upon the ground that no cause of action or defense is proved. If the court shall sustain the demurrer, such judgment shall be rendered for the party demurring as the state of the pleadings or the proof shall demand. If the demurrer be overruled, the adverse party will then produce his evidence.

Fourth. 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 the original case.

Fifth. When the evidence is concluded and either party desires special instructions to be given to the jury, such instructions shall be reduced to writing, numbered, and signed by the party or his attorney asking the same, and delivered to the court. The court shall give general instructions to the jury, which shall be in writing, and be numbered, and signed by the judge, if required by either party.

Sixth. When either party asks special instructions to be given to the jury, the court shall either give such instructions as requested, or positively refuse to do so; or give the instructions with modification in such manner that it shall distinctly appear what instructions were given in whole or part, and in like manner those refused, so that either party may except to the instructions as asked for, or as modified, or to the modification, or to the refusal. All instructions given by the court must be signed by the judge; and filed together with those asked for by the parties as a part of the record.

Seventh. After the instructions have been given to the jury the cause may be argued.

Amendment History

R.L. 1910, § 5002.

Plain-English Summary

Once the jury is sworn, the trial follows a set sequence unless the court has special reasons to order otherwise. The party carrying the burden of the issues may briefly state its case and preview its evidence; the adverse party may then briefly state its defense and its own expected evidence. The party with the burden goes first with evidence; once that evidence closes, the adverse party may demur on the ground that no cause of action or defense has been proved. A sustained demurrer produces judgment for the demurring party as the pleadings or proof demand; an overruled demurrer sends the adverse party into its own evidence. After that, the parties are confined to rebuttal evidence unless the court, for good reason, permits more evidence in the original case.

Once the evidence closes, a party wanting special instructions must reduce them to writing, number and sign them, and deliver them to the court, which gives general instructions in writing, numbered and signed by the judge if either party requires it. For any requested special instruction, the court must give it as asked, refuse it outright, or give it with a modification -- in each case in a way that makes clear on the record what was given, refused, or modified, so a party can except to any of it. All instructions given, signed by the judge, go into the record along with those the parties requested. Only after the jury has the instructions does closing argument happen.

Frequently Asked Questions

What's the order of proceedings once the jury is sworn in an Oklahoma civil trial?

Opening statements, the evidence of the party with the burden of the issues, the adverse party's demurrer or evidence, rebuttal evidence, jury instructions, and then closing argument, unless the court has special reasons to depart from that order.

What is a demurrer to the evidence under this section?

A motion the adverse party may make after the other side closes its evidence, arguing that no cause of action or defense has been proved; if sustained, judgment goes to the party demurring.

Can either side offer more evidence after rebuttal closes?

Only if the court, for good reasons in furtherance of justice, permits the parties to offer evidence in the original case beyond rebuttal.

How does a party get special jury instructions on the record?

By reducing them to writing, numbering and signing them, and delivering them to the court, which must give, refuse, or modify each one in a way that shows clearly on the record what happened to it.

Does the trial order in Section 577 always have to be followed exactly?

No. The court may direct otherwise for special reasons.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: order of trial oklahoma civil casedemurrer to evidence oklahomajury instructions procedure oklahoma12 O.S. § 577