Criminal ProceduresTrial Process |
LegalSpeak: N.M. Dist. Ct. R.Cr.P. 5-607 |
5-607 Order of trial
The order of trial shall be as follows:
a qualified jury shall be selected and sworn to try the case;
initial instructions as provided in UJI Criminal shall be given by the court;
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;
the state shall submit its evidence;
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;
the defense may then make an opening statement, if reserved;
the defense may submit its evidence;
the state may submit evidence in rebuttal;
the defense may submit evidence in surrebuttal;
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;
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;
the instructions to be given shall be determined in accordance with Rule 5–608. The court shall then instruct the jury;
the state may make the opening argument;
the defense may make its argument;
the state may make rebuttal argument only.