Section 20.23 Order of Proof

• Library: Criminal Practice 2012 Supp

XII. (§20.23) Order of Proof

This section deals with the order in which the defendant’s witnesses should be used, as opposed to the order of trial, which is governed by Rule 27.02 and § 546.070, RSMo 2000.

The state, of course, will have to put on at least enough evidence to make a prima facie case before defense counsel has to put on any evidence. Counsel should plan well in advance of that point the order in which the defense witnesses will be called. Generally, the only objective here is to present the...