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Whenever the rules permit the plaintiff to open and conclude the summation summation n. the final argument of an attorney at the close of a trial in which he/she attempts to convince the judge and/or jury of the virtues of the client's case. (See: closing argument)  phase of trial, counsel should never waive To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered.

For example, an individual is said to waive the right to bring a tort action when he or she renounces the remedy provided by law for such
 the right to present his or her closing argument before the defense does. Summation is an opportunity for the attorney to resolve inconsistencies, admit problems, and explain issues that might confuse con·fuse  
v. con·fused, con·fus·ing, con·fus·es

v.tr.
1.
a. To cause to be unable to think with clarity or act with intelligence or understanding; throw off.

b.
 jurors in deliberations.

Summation is also your chance to point out inconsistencies in the defense case. Doing so forces your opponent to address issues he or she prefers jurors forget. Ending the first segment of the closing argument with a challenge to defense counsel is especially effective, as it places a burden on your opponent to ignore or explain the issues and perhaps damage its case.
Thomas William Malone
Atlanta, Georgia
COPYRIGHT 2002 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:closing arguments
Author:Malone, Thomas William
Publication:Trial
Date:Nov 1, 2002
Words:121
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