Oklahoma § 12-577 - Order of trial

§ 12-577. Order of trial

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

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.