Summation: The Critical Closing Argument in Legal Cases

Q: Who presents the summation first in a civil case?

In a civil case, the defendant typically presents their summation first.

Q: Can I prepare my own summation?

Yes, you can prepare your own summation, and using templates from US Legal Forms can help guide you.

Definition & Meaning

A summation is a concluding statement made during a legal trial. It is presented by the judge or the attorneys representing the parties involved in the case. The purpose of a summation is to summarize the evidence that has been presented and to persuade the jury or judge about the merits of each party's argument. This process is often referred to as "summing up." In a typical civil case, the defendant presents their summation first, while in a criminal case, the defendant's summation is delivered last.

Table of content

Legal Use & context

Summations are integral to both civil and criminal legal proceedings. They serve as the final opportunity for attorneys to present their arguments and highlight key evidence before a verdict is reached. This term is relevant in various legal areas, including:

Civil cases
Criminal cases
Family law cases

Users can manage some aspects of their legal cases using tools like US Legal Forms, which provide templates for legal documents related to summations and other court procedures.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) In a civil lawsuit regarding a breach of contract, the plaintiff's attorney may present their summation first, highlighting the evidence that supports their claim. The defendant's attorney would then follow with their summation, arguing why the evidence does not support the plaintiff's case.

(hypothetical example) In a criminal trial, after both sides have presented their evidence, the prosecutor delivers their summation last, aiming to convince the jury of the defendant's guilt based on the evidence presented throughout the trial.

Comparison with related terms

Term	Definition	Key Differences
Closing argument	The final argument presented by attorneys in a trial.	Often synonymous with summation, but specifically refers to the attorney's presentation.
Charge to the jury	Instructions given by the judge to the jury regarding the law.	Focuses on legal standards rather than summarizing evidence.

Common misunderstandings

What to do if this term applies to you

If you find yourself involved in a legal case, understanding the role of summation can be crucial. Here are some steps you can take:

Review the evidence presented in your case.
Consider how you would summarize your arguments effectively.
Explore US Legal Forms for templates that can assist you in preparing your summation.
If the situation is complex, consult a legal professional for tailored advice.

Find the legal form that fits your case

Browse our library of 85,000+ state-specific legal templates.

This field is required

Quick facts

Summation is the final argument in a trial.
Order of summation varies by case type (civil vs. criminal).
Attorneys use summations to persuade the jury or judge.

Key takeaways

Frequently asked questions

What is the purpose of a summation?

The purpose of a summation is to summarize the evidence and arguments presented during a trial and persuade the jury or judge.