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Section/Rule:
27.02
Subject:
Rule 27 - Rules of Criminal Procedure - Misdemeanors or Felonies - Trial
Publication / Adopted Date:
June 13, 1979
Topic:
Misdemeanors or Felonies - Order of Trial
Revised / Effective Date:
July 1, 2023
27.02. MISDEMEANORS OR FELONIES - ORDER OF TRIAL
The order of trial by jury in felony cases shall be as follows:
(
a
) The court shall read to the jury panel MAI-CR 4th 400.02.
(
b
) The voir dire examination shall be conducted.
(
c
) Before each recess or adjournment of the court, the court shall read to the jury the applicable portion of MAI-CR 4th 400.04.
(
d
) A qualified jury shall be selected as provided by law and shall be sworn well and truly to try the case.
(
e
) The court shall read to the jury MAI-CR 4th 400.06, 402.01, and 402.02.
(
f
) The attorney for the state shall make an opening statement. The attorney for the defendant may make an opening statement or it may be reserved.
(
g
) The attorney for the state shall offer evidence on behalf of the state.
(
h
) The attorney for defendant may move for judgment of acquittal.
(
i
) The attorney for defendant may make an opening statement if it has been reserved.
(
j
) Evidence may be offered on behalf of defendant.
(
k
) The parties, respectively, may offer evidence in rebuttal only, unless the court, for good cause shown or believing that the interests of justice will be served thereby, permits the parties to offer evidence upon their original cases.
(
l
) The attorney for defendant may move for judgment of acquittal.
(
m
) After conferring with counsel, the court shall instruct the jury in the manner provided by
Rule 28.02.
(
n
) The court shall fix the length of time for the arguments and shall announce same to counsel. The attorney for the state shall make the opening argument, the attorney for defendant shall make an argument, and the attorney for the state shall conclude the argument. Each side may waive its right to argument.
(
o
) The original of all numbered instructions and all verdict forms shall be handed to the jury for its use during its deliberations and shall be returned to the court and filed at the conclusion of the jury's deliberations.
(
p
) MAI-CR 4th 412.10 may be given when appropriate, after extended deliberation by the jury.
(q) For second stage proceedings in non-death penalty cases when the jury will assess and declare punishment and the state is not required to prove any additional facts beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.10 through 405.17.
(r) For second stage proceedings in non-death penalty cases when the jury will assess and declare punishment and the state is required to prove any additional facts beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.01 through 405.17.
(s) For second stage proceedings in non-death penalty cases when the jury will not assess and declare punishment but the state is required to prove an additional fact beyond a reasonable doubt, the order of those proceedings shall be in accordance with MAI-CR 4th 405.01 through 405.08.
(t) For second stage proceedings in death penalty cases, the order of those proceedings shall be in accordance with Supplemental Notes on Use applicable to the 414.00 Series in MAI-CR 4th.
(Adopted June 13, 1979, effective January 1, 1980. Amended February 21, 1989, effective January 1, 1990; amended November 22, 2022, effective July 1, 2023.)
Committee Note - 1980
The sources are prior Rule
20.02(a)
and
Rule 26.02
.
