Okla. Stat. tit. 12, § 12-577
This is the official text of Okla. Stat. tit. 12, § 12-577, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Order of trial
Official statutory text
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.
Oklahoma Statutes - Title 12. Civil Procedure Page 95
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.
R.L. 1910, § 5002.
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.
Oklahoma Statutes - Title 12. Civil Procedure Page 95
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.
R.L. 1910, § 5002.
Status: in_force · Read it on the official government site
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