Chapter 17 - CHAPTER 17 CLOSING ARGUMENT

• Jurisdiction: Colorado

Chapter 17 CLOSING ARGUMENT

Aaron P. Bradford, Esq.
Andrea M. LaFrance, Esq.

SYNOPSIS

§ 17.1 TIMING OF CLOSING

§ 17.2 OBJECTIONS

§ 17.3 CURATIVE INSTRUCTIONS

§ 17.4 DISCRETION OF COURT TO CONTROL CLOSING ARGUMENTS

§ 17.5 ARGUING THE EVIDENCE AND THE REASONABLE INFERENCES

§ 17.6 COUNSEL TESTIFYING — PERSONAL BELIEF

§ 17.7 APPEALING TO PASSION AND PREJUDICE/INFLAMMATORY ATTACKS ON ADVERSE ATTORNEY

§ 17.8 THE "GOLDEN RULE" ARGUMENT

§ 17.9 USE OF TRIAL TRANSCRIPT

§ 17.10 USE OF EXHIBITS AND DEMONSTRATIVE EVIDENCE

§ 17.11 INVITED ARGUMENT/COMMENT/REBUTTAL

§ 17.12 STATEMENT ABOUT THE LAW

§ 17.13 BINDING EFFECT OF ADMISSIONS IN CLOSING

§ 17.14 PER DIEM — PAIN AND SUFFERING

At the close of the evidence, the parties are entitled to have counsel speak with eloquence and compassion for their cause. Courts have regularly commented that closings may be forceful, colorful, or dramatic, without constituting reversible error. Whittenburg v. Werner Enters. Inc., 561 F.3d 1122, 1132 (10th Cir. 2009). While trial courts may afford creative latitude in the delivery, a proper closing argument is anchored in the law of the case as reflected in the jury instructions, the evidence adduced from the witnesses during trial, the exhibits admitted into evidence, and the...