Section 29-21-01 - Order of trialThe jurors having been impaneled and sworn, the trial must proceed in the following order:
1. If the information or indictment is for a felony, the clerk or state's attorney shall read it, and shall state the plea of the defendant to the jury. In all other cases this formality may be dispensed with.2. The state's attorney, or other counsel for the state, shall open the case and offer the evidence in support of the information or indictment.3. The defendant or the defendant's counsel then may open the defense and offer the defendant's evidence in support thereof.4. The parties then, respectively, may offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, or to correct an evident oversight, permits them to offer evidence upon their original case.5. When the evidence is concluded, unless the case is submitted to the jury on either side, or on both sides, without argument, the counsel for the state shall commence, and the defendant or the defendant's counsel shall follow. Then the counsel for the state shall conclude the argument to the jury.6. The judge then shall charge the jury.