BRYAN D. COLEMAN

Mediator - Arbitrator

Phone: 713-863-9966 Fax: 713:863-8787

ORDER OF PROCEEDING IN ARBITRATION 

1.      PLAINTIFF’S OPENING STATEMENT – Plaintiff generally summarizes and discusses the evidence to be forthcoming, including liability and damages 

2.      DEFENDANT’S OPENING STATEMENT – NOTE:  defendant may open at this point, or, more appropriately, defendant may request to reserve opening until the conclusion of plaintiff’s “case in chief.” 

3.      PLAINTIFF’S CASE IN CHIEF – Plaintiff presents the evidence to meet his burden of proof, including testimony, documents, statements, accident reports, photos, records, bills and reports of health care providers.  Any live testifying witness will be cross examined by Defendant’s representative, following Plaintiff’s representative “passing the witness” or concluding the first round of “direct examination”.  Thereafter, each party will take turns redirecting and recrossing the witness, until all parties have concluded their desired questions.  When each side finishes a turn, it is appropriate to say, “I pass the witness.” 

4.      PLAINTIFF RESTS – At the conclusion of Plaintiff’s case in chief, after all Plaintiffs’ evidence has been presented, Plaintiff will “rest”, which means that Plaintiff has concluded presenting his evidence.   

5.      DEFENDANT’S OPENING STATEMENT -       Defendant generally summarizes and discusses the evidence to be forthcoming, including liability and damages, particularly emphasizing matters which discredit Plaintiff or Plaintiff’s theory of the case.   

6.      DEFENDANT’S CASE IN CHIEF – See Plaintiff’s case in chief, above. 

7.      DEFENDANT RESTS – at the conclusion of Defendant’s case in chief, after all the Defendant’s evidence has been presented, Defendant will “rest”, which means that Defendant has concluded presenting his evidence.  

8.      CLOSING STATEMENTS -        Each side will have the opportunity to summarize the evidence which supports his respective position and to argue what such evidence proves.  Plaintiff gets to go first and last, with Defendant having one opportunity in between. 

                                                                                                                                                NEXT