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Rule RCr 9.42 – Order of proceeding

May 13, 2021 | Criminal Procedure, Kentucky

The jury shall be sworn to try the issue after which the trial shall proceed in the following order, unless the court for special reasons otherwise directs:

(a) The attorney for the Commonwealth shall state to the jury the nature of the charge and ,the evidence upon which the Commonwealth relies to support it;
(b) The defendant or the defendant’s attorney may state the defense and the evidence upon which the defendant relies to support it or the defendant may reserve opening statement until the conclusion of the evidence for the Commonwealth;
(c) The attorney for the Commonwealth must offer the evidence in support of the charge;
(d) The defendant or the defendant’s attorney may make opening statement, if reserved, and offer evidence in support of the defense;
(e) The parties respectively may offer rebutting evidence, unless the court, for good reason in furtherance of justice, permits them to offer evidence-in-chief;
(f) The parties may submit or argue the case to the jury. In the argument, the attorney for the Commonwealth shall have the conclusion and the defendant or the defendant’s attorney the opening. If more than one (1) counsel is to take part in the closing argument on either side, or if several defendants have separate defenses and appear by different counsel, the court shall arrange the order of argument, always giving the attorney for the Commonwealth the closing argument.

Ky. R. Crim. P. RCr 9.42

Amended by Order 98-3, eff. 3-1-99; prior amendment eff. 1-1-78; adopted eff. 1-1-63