Also known as:rests · rested · resting · rests its case
Written by attorneys · grounded in primary & secondary sources — see below
To voluntarily conclude presenting evidence in a trial.
Sources & Authorities· 2 primary sources
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Federal Rules
Model Codes
Dictionaries
How it applies
Common Examples
6
Contract Dispute Conclusion
Rita Russell called her final witness in a loan dispute against Redwood Bank. Once the witness finished testifying, Rita rested her case. The bank then requested production of writings the witness had reviewed to refresh memory.
Takings Claim Presentation
Ravi Reddy introduced expert testimony on economic impact in a property dispute with a city. After the last exhibit, Ravi rested his case. The city moved for judgment as a matter of law on the record presented.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Education Rights Trial
Renee Rogers presented student testimony in a school access dispute. After the final witness, Renee rested her case. The school district then offered rebuttal evidence on the existing record.
Brown v. Board of Education [*Brown I*]347 U.S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954)
State Law Claim Close
Rosa Ruiz concluded witness examination in a negligence action governed by state rules. Rosa rested her case once the last exhibit was admitted. The defendant then moved to dismiss for failure to prove an element under the applicable standard.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Rights Litigation End
Riley Rivera offered testimony from affected couples in a constitutional challenge. After the final affidavit, Riley rested the case. Opposing counsel then presented arguments on the existing evidentiary record.
Obergefell v. Hodges576 U.S. 644 (2015)
Trust Notice Hearing
Ronald Reed presented evidence of notice efforts in a trust administration matter. Once the last affidavit was received, Ronald rested his case. The court then ruled on the sufficiency of the record for due process compliance.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Common questions
Frequently Asked
3
What does it mean for a party to rest its case?+
A litigant rests when voluntarily concluding the presentation of evidence at trial. This step signals that no further witnesses or exhibits will be offered by that party. The opposing side may then proceed with its own case or move for judgment.
Can a party rest before presenting all possible evidence?+
Yes. A party may strategically rest after sufficient evidence to meet its burden even if additional proof remains available. The decision binds the party to the record created up to that point.
What happens after both sides rest?+
The court typically proceeds to closing arguments and jury instructions once all parties have rested. No further evidence may be introduced absent a motion to reopen the record for good cause.
410 U.S. 113 (1973)Constitutional Law
…under the Texas statutes. This very phrasing of the Does' position reveals its speculative character. Their alleged injury rests on possible future contraceptive failure, possible future pregnancy, possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these…