CPL § 260.30

Jury trial; in what order to proceed

§ 260.30 Jury trial; in what order to proceed.

The order of a jury trial, in general, is as follows:

1. The jury must be selected and sworn.

2. The court must deliver preliminary instructions to the jury.

3. The people must deliver an opening address to the jury.

4. The defendant may deliver an opening address to the jury.

5. The people must offer evidence in support of the indictment.

6. The defendant may offer evidence in his defense.

7. The people may offer evidence in rebuttal of the defense evidence, and the defendant may then offer evidence in rebuttal of the people's rebuttal evidence. The court may in its discretion permit the parties to offer further rebuttal or surrebuttal evidence in this pattern. In the interest of justice, the court may permit either party to offer evidence upon rebuttal which is not technically of a rebuttal nature but more properly a part of the offering party's original case.

8. At the conclusion of the evidence, the defendant may deliver a summation to the jury.

9. The people may then deliver a summation to the jury.

10. The court must then deliver a charge to the jury.

11. The jury must then retire to deliberate and, if possible, render a verdict.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/260.30

In plain English

The set running order of a jury trial:

1. Jury is selected and sworn. ★

2. Court delivers preliminary instructions to the jury.

3. People's opening address (mandatory — "must"). ★

4. Defendant's opening address (optional — "may"). ★

5. People offer evidence in support of the indictment.

6. Defendant may offer evidence in his defense.

7. People's rebuttal, then defendant's rebuttal of that; court may in its discretion allow further rebuttal/surrebuttal, and in the interest of justice may let either side put in evidence that's really part of its original case.

8. Defendant's summation (comes first). ★

9. People's summation (comes after the defense). ★

10. Court's charge to the jury (the legal instructions).

11. Jury retires to deliberate and, if possible, renders a verdict.

★ Two classic traps: the People open first but sum up last, and the defense sums up before the People (step 8 before step 9). Also note which steps are "must" (People's opening, the charge) vs. "may" (defendant's opening, defendant's evidence).

★ Exam hits:

Trial of an indictment must be a jury trial unless waived under § 320.10.
Defendant must be personally present; can be removed for disruption only after a warning.
Trial order: jury sworn → court's preliminary instructions → People open → defense may open → People's case → defense case → rebuttal → defense sums up → People sum up → court's charge → deliberation/verdict.
People open first, sum up last; defense sums up before the People.
People's opening is mandatory; the defendant's opening and defense evidence are optional.

Verbatim statute: CPL - Article 260

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.