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Procedure at trial shall be as follows unless otherwise agreed by the parties and the Court:

A. Party 1 may make an opening statement summarizing what they intend to prove, after which Party 2 may make an opening statement summarizing his or her defense.

B. Party 1 shall call witnesses or present other evidence in support of his or her case to the Court. The witnesses shall testify under oath and be subject to cross-examination by the defendant. Following cross-examination of witnesses, Party 1 shall have a second opportunity to question the witness about matters raised in cross-examination. When Party 1 has presented all of his or her witnesses and evidence they shall inform the Court that Party 1’s case is completed.

C. After Party 1’s case has been presented, if the Court, after considering the evidence in the light most favorable to the party bringing the action, finds that there is insufficient evidence to support the case, the Court shall dismiss the action.

D. If the action is not dismissed, Party 2 shall call witnesses or present evidence. A witness shall testify under oath and be subject to cross-examination by Party 1, after which Party 2 shall have a second opportunity to question the witness about matters brought up during cross-examination.

E. The Court, in its discretion, may allow the party bringing the action to present additional witnesses or evidence to rebut any new matters presented in Party 2’s case, but no evidence or testimony which is merely cumulative or repetitive of Party 1’s case in chief shall be allowed.

F. The parties shall have the opportunity to present final remarks to the Court. Because the party bringing the action has the burden of proving his or her civil case, he will have an additional opportunity to rebut the opposing party’s remarks.

G. The Court shall consider all the evidence and announce a judgment or issue a written decision at a later time. (Res. 2021-43; Res. 2020-60)