Rule 40. Trial Procedures
Arizona Revised Statutes AnnotatedRules of Civil Procedure for the Superior Courts of ArizonaEffective: September 1, 2019
Effective: September 1, 2019
16 A.R.S. Rules of Civil Procedure, Rule 40
Formerly cited as AZ ST RCP Rule 39(b), AZ ST RCP Rule 39(c), AZ ST RCP Rule 39(d), AZ ST RCP Rule 39(e), AZ ST RCP Rule 39(f), AZ ST RCP Rule 39(g), AZ ST RCP Rule 39(h), AZ ST RCP Rule 39(i), AZ ST RCP Rule 39(k), AZ ST RCP Rule 39(o), AZ ST RCP Rule 39(p), AZ ST RCP Rule 39(q), AZ ST RCP Rule 39.1, AZ ST RCP Rule 47(g), AZ ST RCP Rule 80(b)
Rule 40. Trial Procedures
(5) Closing Arguments. The party with the burden of proof on the whole case under the pleadings should make the first and last argument in closing. If the remaining parties have different claims or defenses and are represented by different counsel, the court should prescribe the order in which they will make their respective closing arguments.
(1) Place. During deliberations, jurors must be kept together in a convenient place in the charge of an officer that the court designates. The court may: (A) permit jurors to separate while not deliberating; or (B) on motion or on its own, require them to be sequestered in the charge of a designated officer when they leave the courtroom or place of deliberation.
(B) Subject to such limits as the court may impose for good cause, the jurors should be instructed that they are permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, so long as they reserve judgment about the action's outcome until deliberations begin.
(1) To the Court During Deliberations. The officer in charge of the jurors should notify the court of any juror request to communicate with the court during deliberations. If the jury is brought into court, its foreperson should state to the court, either orally or in writing, what it desires to communicate.
(2) To Witnesses or the Court Before Deliberations. Before deliberations begin, jurors may submit to the court written questions directed to witnesses or to the court. Counsel must be allowed to object to such questions on the record and out of the jury's presence. For good cause, the court may prohibit or limit jury questions to witnesses.
(j) Assisting Jurors at Impasse. If the jury advises the court that it has reached an impasse, the court may, in counsel's presence, ask the jurors to determine whether and how the court and counsel can assist in their deliberative process. After receiving the jurors' response, if any, the judge may direct that further proceedings occur as appropriate.
(1) Discharge Before Verdict. After the action is submitted to them, the jurors may be discharged if the court determines that they are unlikely to reach a verdict, or if a calamity, sickness, or accident requires it. If a jury is discharged without having rendered a verdict, the action may be tried again.
(2) Dismissal After Verdict. When dismissing a jury after the action's conclusion, the court should inform the jurors that they are discharged from service and, if appropriate, it may release them from their duty of confidentiality and explain their rights regarding inquiries from counsel, the media, or any other person.
Added Sept. 2, 2016, effective Jan. 1, 2017.
16 A. R. S. Rules Civ. Proc., Rule 40, AZ ST RCP Rule 40
Current with amendments received through 08/15/2020.
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