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Rule 269. Argument
After the evidence is concluded and the charge is read, the parties may argue the case to the jury. The party having the burden of proof on the whole case, or on all matters which are submitted by the charge, whether upon special issues or otherwise, shall be entitled to open and conclude the argument; where there are several parties having separate claims or defenses, the court shall prescribe the order of argument between them.
Source of Subdivision (a): Art. 2183.
Change: Addition, in second sentence, of words "or on all matters which are submitted by the charge, whether upon special issues or otherwise."
Oct. 29, 1940, eff. Sept. 1, 1941.
March 31, 1941, eff. Sept. 1, 1941
April 24, 1990, eff. Sept. 1, 1990
Question: In what instances is the defendant entitled to the opening and closing argument?
Answer: This question is answered by Rules 266 and 269. These rules provide that the plaintiff shall have the right to open and close the argument, except (1) where the burden of proof on the whole case under the pleading rests upon the defendant, or (2) where the defendant has the burden of proof on all matters which are submitted by the Court's Charge to the jury, or (3) where the defendant, before the trial commences; files and enters upon the record a written admission that the plaintiff is entitled to recover as set forth in the Petition except insofar as he may be defeated in. whole or in part by the allegations of the Answer constituting a ground of defense upon which the defendant has the burden of proof.
5 Tex. B.J. 95 (1942) reprinted in 8 Tex. B.J. 8 (1945).