Trial law process question

In a trial, the prosecution typically "goes first", then the defense presents it's case....correct?

After the defense rests, does the prosection always get to "go again" and refute the defense? How is that determined, how does it work. Just curious and I know someone here will be able to tell me.

thanks

 

I'm assuming you're talking about a criminal case since you say "prosecution" instead of "plaintiff." Some of this might vary from state to state and I'm a little rusty on criminal procedure. However, he who as the burden of proof goes first and speaks last. Therefore, generally:
1. Prosecution makes an opening statement.
2. Defense makes an opening statement.
3. Prosecution puts on its case in chief.
4. Defense put on its case in chief.
5. Prosecution puts on its case in rebuttal (often not done, since it's limited to discussion of the evidence the Defense has put on and usually the Prosecution has already addressed all their points.)
6. Prosecution opens its jury argument (aka closing statement).
7. Defense makes its jury argument.
8. Prosecution closes its jury argument/rebuttal.
9. Jury deliberates and returns a verdict.

 

thanks. I was just wondering this, because I'm following the Robert Blake case, and was confused why the Prosecution got to speak again after the defense rested.

thanks again.

 

whoever bears the ultimate burden of proof gets the last word