22-3414. Order of trial.
22-3414
22-3414. Order of trial.(1) The prosecuting attorney shall state the case and offer evidence insupport of the prosecution. The defendant may make an openingstatementprior to the prosecution's offer of evidence, or may make such statementand offer evidence in support of such statement after theprosecution rests.
(2) The parties may then respectively offer rebutting testimony only,unless the court, for good cause, permits them to offer evidence upon theiroriginal case.
(3) At the close of the evidence or at such earlier time during thetrial as the judge reasonably directs, any party may file written requeststhat the court instruct the jury on the law as set forth in the requests.The judge shall instruct the jury at the close of the evidence beforeargument and the judge, in the judge's discretion, afterthe openingstatements, may instruct the jury on such matters as in thejudge's opinion will assistthe jury in considering the evidence as it is presented. In cases wherethere is some evidence which would reasonably justify a conviction of somelesser included crime as provided in subsection (2) of K.S.A. 21-3107 andamendments thereto, the judge shall instruct the jury as to the crime chargedand any such lesser included crime.
The court shall pass upon the objections to the instructions and shalleither give each instruction as requested or proposed or refuse to do so,or give the requested instruction with modification. All instructions givenor requested must be filed as a part of the record of the case.
The court reporter shall record all objections to the instructions givenor refused by the court, together with modifications made, and the rulingsof the court.
No party may assign as error the giving or failure to give aninstruction, including a lesser included crime instruction, unlessthe party objects thereto before the jury retires to considerits verdict stating distinctly the matter to which the party objectsand thegrounds of the objection unless the instruction or the failure togive an instruction is clearlyerroneous.Opportunity shall be given to make the objections out of the hearing of thejury.
(4) When the jury has been instructed, unless the case is submitted tothe jury on either side or on both sides without argument, the prosecutingattorney may commence and may conclude the argument. If there is more thanone defendant, the court shall determine their relative order inpresentation of evidence and argument. In arguing the case, comment may bemade upon the law of the case as given in the instructions, as well as uponthe evidence.
History: L. 1970, ch. 129, § 22-3414; L. 1971, ch. 114,§ 7;L. 1998, ch. 185, § 3; July 1.