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Tennessee Rules of Criminal Procedure, Rule 29.1

RULE 29.1 JURY ARGUMENT

(a) Opening of Argument: Waiver. At the close of the evidence the State shall have the right to open the argument to the trier of facts. If the State desires that all argument be waived, it may offer to waive argument, and if the defendant agrees then no argument will be made. The State may not waive opening argument unless all argument is waived. After the State's opening argument the defendant may waive argument, in which event the State is not permitted further argument.

(b) Scope of Argument. The State's opening argument shall cover the entire scope of the State's theory, and the State's closing argument shall be limited to the subject matter covered in the State's opening argument and the defendant's intervening argument. Defendant's argument is not limited to the matters actually argued by the State but may address any relevant and proper subject.

(c) Number and Order of Arguments. The number of arguments permitted on behalf of the State beyond opening and closing, and the number in excess of one permitted each defendant, as well as the order and length of arguments shall be in the sound discretion of the trial judge, who shall allow adequate but not excessive time for the full presentation of the theory of the case and shall so control the order of argument that if more than two arguments are made for the State no defendant is deprived of the opportunity to answer a new argument made by the State against that defendant.

(d) Purpose of Rule. It is the purpose of this rule to assure that all argument be waived only upon the consent of both sides; that the defendant shall be permitted to waive all remaining argument after the State opens; and that while the State, having the burden of proof, shall have the right to open and close the argument, this right shall not be exercised in such way as to deprive the defendant of the opportunity to fully answer all State argument. The trial judge upon motion shall enforce this purpose by appropriate rulings.

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Committee Comment

This rule reflects the generally followed philosophy of controlling summation in this State. However, the Commission is aware of variances in local practice and therefore deems it necessary to spell out both the philosophy and the mechanics in order to assure fairness and uniformity of procedure.

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