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24.5.332    CONDUCT OF TRIAL

(1) Trials will be held in courtrooms when available or any other designated place.

(2) The trial will be conducted in the same manner as a trial without a jury. The trial shall proceed in the following order unless the court, for good cause and special reasons, otherwise directs.

(a) The party on whom rests the burden of the issues may briefly state his case and the evidence by which he expects to sustain it.

(b) The adverse party may then briefly state his defense and the evidence he expects to offer in support of it, or he may wait and do this at the beginning of his case in chief.

(c) The party on whom rests the burden of the issues must produce his evidence; the adverse party will then follow with his evidence.

(d) The parties will then be confined to rebuttal evidence, unless the court, for good reasons and in the furtherance of justice, permits either party to offer further evidence in support of its case in chief.

History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.218; TRANS, from Admin. , 1989 MAR p. 2177, Eff. 12/22/89.

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