California, United States of America
The following excerpt is from People v. Muniz, 213 Cal.App.3d 1508, 262 Cal.Rptr. 743 (Cal. App. 1989):
Section 1093, which outlines the order of procedure to be used in criminal trials, includes subdivision (d), which allows presentation of a rebuttal case, unless the trial court, "for good reason, in furtherance of justice," allows the parties "to offer evidence upon their original case." The trial court's discretion with respect to the order of proof is further given wide breadth by Evidence Code section 320, which provides: "Except as otherwise provided by law, the court in its discretion shall regulate the order of proof." (See also People v. Lanphear (1980) 26 Cal.3d 814, 834-835, 163 Cal.Rptr. 601, 608 P.2d 689, vacated and remanded for reconsideration 449 U.S. 810, 101 S.Ct. 57, 66 L.Ed.2d 13, reiterated 28 Cal.3d 463, 171 Cal.Rptr. 505, 622 P.2d 950.)
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