Texas Code of Criminal Procedure - Article 36.01. Order Of Proceeding In Trial

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Art. 36.01. [642] [717] [697] ORDER OF PROCEEDING IN 
TRIAL.  (a) A jury being impaneled in any criminal action, except 
as provided by Subsection (b) of this article, the cause shall 
proceed in the following order:
	1. The indictment or information shall be read to the jury by 
the attorney prosecuting.  When prior convictions are alleged for 
purposes of enhancement only and are not jurisdictional, that 
portion of the indictment or information reciting such convictions 
shall not be read until the hearing on punishment is held as 
provided in Article 37.07.
	2. The special pleas, if any, shall be read by the defendant's 
counsel, and if the plea of not guilty is also relied upon, it shall 
also be stated.
	3. The State's attorney shall state to the jury the nature of 
the accusation and the facts which are expected to be proved by the 
State in support thereof.
	4. The testimony on the part of the State shall be offered.                    
	5. The nature of the defenses relied upon and the facts 
expected to be proved in their support shall be stated by 
defendant's counsel.
	6. The testimony on the part of the defendant shall be 
offered.              
	7. Rebutting testimony may be offered on the part of each 
party.             
	8. In the event of a finding of guilty, the trial shall then 
proceed as set forth in Article 37.07.
	(b)  The defendant's counsel may make the opening statement 
for the defendant immediately after the attorney representing the 
State makes the opening statement for the State.  After the 
defendant's attorney concludes the defendant's opening statement, 
the State's testimony shall be offered.  At the conclusion of the 
presentation of the State's testimony, the defendant's testimony 
shall be offered, and the order of proceedings shall continue in the 
manner described by Subsection (a) of this article.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.                                

Amended by Acts 1987, 70th Leg., ch. 519, Sec. 1, eff. Sept. 1, 
1987.       

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Last modified: August 10, 2007