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Criminal Procedures

Trial Process

LegalSpeak: N.M. Dist. Ct. R.Cr.P. 5-607

5-607 Order of trial

The order of trial shall be as follows:

  1. a qualified jury shall be selected and sworn to try the case;

  2. initial instructions as provided in UJI Criminal shall be given by the court;

  3. the state may make an opening statement. The defense may then make an opening statement or may reserve such opening statement until after the conclusion of the state’s case;

  4. the state shall submit its evidence;

  5. out of the presence of the jury, the court shall determine the sufficiency of the evidence, whether or not a motion for directed verdict is made;

  6. the defense may then make an opening statement, if reserved;

  7. the defense may submit its evidence;

  8. the state may submit evidence in rebuttal;

  9. the defense may submit evidence in surrebuttal;

  10. at any time before submission of the case to the jury, the court may for good cause shown permit the state or defense to submit additional evidence;

  11. out of the presence of the jury, the court shall determine the sufficiency of the evidence, whether or not a motion for directed verdict is made;

  12. the instructions to be given shall be determined in accordance with Rule 5–608. The court shall then instruct the jury;

  13. the state may make the opening argument;

  14. the defense may make its argument;

  15. the state may make rebuttal argument only.



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