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This entry was published on 2014-09-22
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Opening and closing statements
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 40
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

(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.