Section 1.17 Order of Proceeding—Plaintiff, Defendant, Rebuttal

• Library: Evidence 2017

B. (§1.17) Order of Proceeding—Plaintiff, Defendant, Rebuttal

The foundational organizing principle for the presentation of evidence in trial is plaintiff, defendant, rebuttal. This order recurs in at least three aspects of trial proceedings.

First, the presentation of the evidence as a whole is organized in this manner. Second, the testimony of individual witnesses is presented under direct examination, then cross-examination, then rebuttal. Third, the order of closing arguments is plaintiff’s argument, defendant’s argument, and plaintiff’s rebuttal.

Rebuttal evidence is any evidence that “directly or by implication explains, counteracts, dispels or disproves” evidence presented by an opposing party. State v. Higginbotham, 765 S.W.2d 352, 356 (Mo. App. E.D. 1989). Parties should be allowed to present rebuttal evidence even concerning collateral issues that are raised by an opposing party or volunteered on cross-examination. See:

· State v. Chambers, 891 S.W.2d 93, 103 (Mo. banc 1994) (irrelevant evidence may become relevant and admissible on rebuttal when an opponent injects an issue)

· State ex rel. Mo. Highway & Transp. Comm’n v. Toyota, 846...