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Rule 269. Argument

TEXT

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.

AMENDMENTS

March 31, 1941, eff. Sept. 1, 1941

April 24, 1990, eff. Sept. 1, 1990

ADVISORY OPINIONS

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).