Written by attorneys · grounded in primary & secondary sources — see below
The phase of a trial during which a party presents its principal evidence to establish the elements of its claim or defense. This phase begins after opening statements and ends when the party rests. It precedes any rebuttal evidence offered by the opposing party.
Sources & Authorities
How it applies
Common Examples
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Miranda Statement Offered in Prosecution
Prosecutors call three officers to describe a traffic stop and the discovery of drugs in Craig Caldwell's vehicle. They introduce the drugs and lab reports during this phase. The court later permits a statement taken without Miranda warnings only after Craig testifies inconsistently on cross-examination.
Sixth Amendment Statement Used for Impeachment
The government presents eyewitness testimony and phone records during its presentation to prove Christine Castro participated in a robbery. After Christine testifies that she was not present, the court allows a post-indictment statement obtained without counsel to contradict her account.
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Officers rely on an invalid warrant to seize records from Continental Bank. The prosecution offers the records through its first three witnesses and an expert analyst. The court excludes the records because they were obtained without probable cause.
United States v. Leon468 U.S. 897 (1984)
Discovery Request Limited to Main Evidence
Caitlin Crowley is charged with distributing controlled substances. Her counsel requests all lab reports the government will offer. The court orders disclosure only of items the prosecution plans to introduce during its presentation of proof.
United States v. Armstrong517 U.S. 456 (1996)
Deposition Excerpts Offered in Contract Dispute
Nanakuli Paving calls its purchasing manager and an industry expert during its presentation to prove Shell Oil failed to provide price protection. Counsel attempts to read additional deposition pages after resting. The court refuses the additional excerpts because they were not offered before the party rested.
Nanakuli Paving & Rock Sales, Inc. v. Shell Oil Co.664 F.2d 772 (9th Cir. 1991)
Prior Conviction Offered During Main Case
The government calls two victims and a fingerprint examiner during its presentation to prove Connor Clark possessed a firearm. Prosecutors also introduce Clark's prior felony conviction through a certified judgment. The court admits the conviction as part of the elements the prosecution must prove.
Old Chief v. United States (II)519 U.S. 172 (1997)
Common questions
Frequently Asked
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What marks the end of a party's case-in-chief?+
A party ends its case-in-chief by resting after calling its final witness and offering its final exhibit. Once the party rests, it generally may not introduce additional evidence except on rebuttal.
Supporting sources
How does the case-in-chief differ from rebuttal?+
The case-in-chief consists of the party's initial presentation of evidence to meet its burden of production. Rebuttal is limited to evidence that responds to new matters raised by the opposing party's case-in-chief.
Supporting sources
May evidence obtained in violation of Miranda be introduced during the prosecution's case-in-chief?+
No. Statements taken in violation of Miranda are inadmissible during the prosecution's case-in-chief even if voluntary. Such statements may be used only for impeachment if the defendant testifies inconsistently.
What discovery obligations attach to items the government intends to use in its case-in-chief?+
Federal Rule of Criminal Procedure 16 requires the government to disclose items it intends to use in its case-in-chief upon the defendant's request. This includes documents, tangible objects, and expert reports the government plans to offer during its main presentation.
468 U.S. 897 (1984)Criminal Procedure
…affirmed. Held: The Fourth Amendment exclusionary rule should be modified so as not to bar the use in the prosecution’s case-in-chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be unsupported by probable cause. (a)…