The party with the burden of proof typically argues first and last, with rebuttal confined to answering the opposing closing. New arguments are improper on rebuttal.
Objection is required to preserve the issue.
Alternative Names:
Rebuttal Closing, Plaintiff's Rebuttal
Why it Matters?
Having the last word is a structural advantage for plaintiffs, and the defense response is anticipating what rebuttal will address and preempting it in the defense closing rather than leaving the argument unanswered. Objecting to genuinely new material in rebuttal is necessary for preservation, though interrupting a closing carries its own cost with the jury and should be reserved for material that matters.
Frequently Confused with
Related terms
Frequently asked questions
What may rebuttal address?
What is the defense response to the structural disadvantage?
