Trial Practice
Trial Strategy
Closing argument permits counsel to argue inferences, attack credibility, and urge conclusions, unlike opening statement. It typically follows the jury charge or immediately precedes it depending on the jurisdiction.
The plaintiff usually argues first and receives rebuttal, because it bears the burden of proof.
Alternative Names:
Summation, Final Argument
Why it Matters?
Closing is where damages are actually decided in most cases, since the plaintiff will propose a number and the defense must decide whether to answer it. Leaving a high anchor unopposed frequently produces a verdict near it. The other recurring issue is argument that crosses into golden rule or send-a-message territory, which is objectionable in nearly every jurisdiction and should be addressed by limine motion before it happens.
Frequently Confused with
Related terms
Frequently asked questions
Should the defense propose an alternative damages number?
What arguments are improper in closing?
