Case-in-Chief

Case-in-Chief

Case-in-Chief

The plaintiff presents its case-in-chief first, followed by the defendant's. Evidence supporting affirmative defenses is presented in the defendant's case-in-chief, and rebuttal is limited to answering the opponent's evidence.

Resting concludes the case-in-chief.

Alternative Names:

Case in Chief, Main Case

Why it Matters?

Anything essential omitted from the case-in-chief generally cannot be added in rebuttal, since rebuttal is confined to answering matters raised by the opponent. That makes a checklist mapping each element to the evidence proving it worth reviewing before resting. Courts occasionally permit reopening, but the request depends on discretion and the absence of prejudice.

Frequently asked questions

Can omitted evidence be added in rebuttal?

Can omitted evidence be added in rebuttal?

Generally no. Rebuttal is confined to answering the opponent's evidence rather than filling gaps in the case-in-chief.

What review prevents the problem?

What review prevents the problem?

A checklist mapping each element to the evidence proving it, reviewed before resting rather than after.