What is the Rebuttal Phase of a Criminal Trial?

  • August 19, 2016

    What is the Rebuttal Phase of a Criminal Trial?
    In a criminal trial, the prosecution represents the local, state, or federal government. Following opening statements, they will go first in presenting their witnesses and evidence to the jury, advocating that the defendant be found guilty. Next, the defendant’s legal team presents their witnesses and evidence, advocating that the defendant be found innocent. Once both sides have rested, the prosecution is allowed a brief stage of the trial to respond to the defendant’s case. This is called the rebuttal phase.

    Rules of the Rebuttal

    The rebuttal phase operates slightly differently, because the prosecution is confined to discussing the events or arguments involved in the defense. It is literally a chance for rebuttal. The limited scope of the prosecution’s reach during this phase can benefit the defendant, because the judge will strictly monitor the introduction of new subjects. However, in the rebuttal phase, the prosecution is allowed to present witnesses and evidence that were not previously declared, which neither side can do in their original arguments. Surprises are permitted as long as they serve the role of directly rebutting the defendant’s case.


    While rebuttal evidence is strictly up to the trial judge’s discretion, it can serve a valuable purpose in the case. Often, a rebuttal is used to disprove an alibi or otherwise discount a defense argument as false or misleading. This is also an opportune time to present witnesses that may be newly discovered or evidence that has come to light so recently that it could not be previously declared before the trial began. If this evidence opens the doors to new issues, it can be presented during the regular trial, with specific opportunities for rebuttal. If it directly relates to the defense’s case, it is presented during the rebuttal phase.

    Role of the Defense

    The legal team for the defense is not without rights during the rebuttal phase. They can cross-examine rebuttal witnesses and even present what is called a surrebuttal, in rare cases where they have sufficient evidence to discount the prosecution’s rebuttal. In any case, it falls on the defense lawyer to conduct a thorough investigation before the trial in order to minimize the prosecution’s chance of presenting an effective rebuttal. They can also ensure that the prosecution is avoiding new subject matter and adhering to the rebuttal rules.

    A truly effective rebuttal phase can make or break the outcome of a criminal trial. They are almost always brief and confined by a specific issue, but they can be an important part of the prosecution’s case to the jury.

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