2006 New York Code - Opening And Closing Statements.



 
    Rule  4016. Opening and closing statements. (a) Before any evidence is
  offered, an attorney for each plaintiff having a separate right, and  an
  attorney for each defendant having a separate right, may make an opening
  statement.  At  the  close  of  all the evidence on the issues tried, an
  attorney for each such party may make a  closing  statement  in  inverse
  order to opening statements.
    (b) In any action to recover damages for personal injuries or wrongful
  death,  the  attorney  for a party shall be permitted to make reference,
  during closing statement, to a specific dollar amount that the  attorney
  believes  to  be appropriate compensation for any element of damage that
  is sought to be recovered in the action. In the event that  an  attorney
  makes  such  a  reference  in an action being tried by a jury, the court
  shall, upon the request of any party, during the court's instructions to
  the jury at the conclusion of all closing statements, instruct the  jury
  that:
    (1)  the  attorney's  reference  to  such  specific  dollar  amount is
  permitted as argument;
    (2) the attorney's reference  to  a  specific  dollar  amount  is  not
  evidence and should not be considered by the jury as evidence; and
    (3) the determination of damages is solely for the jury to decide.

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