Rule 5-607. Order of trial.

The order of trial shall be as follows: A. a qualified jury shall be selected and sworn to try the case; B. initial instructions as provided in Rule Set 14 NMRA, Uniform Jury Instructions - Criminal shall be given by the court; C. the state may make an opening statement. The defense may then make an opening statement or may reserve its opening statement until after the conclusion of the state’s case; D. the state shall submit its evidence; E. out of the presence of the jury, the court shall determine the sufficiency of the evidence, whether or not a motion for directed verdict is made; F. the defense may then make an opening statement, if reserved; G. the defense may submit its evidence; H. the state may submit evidence in rebuttal; I. the defense may submit evidence in surrebuttal; J. at any time before submission of the case to the jury, the court may, for good cause shown, permit the state or defense to submit additional evidence; K. out of the presence of the jury, the court shall determine the sufficiency of the evidence, whether or not a motion for directed verdict is made; L. the instructions to be given shall be determined in accordance with Rule 5-608 NMRA. The court shall then instruct the jury; M. the state may make a closing argument; N. the defense may make a closing argument; O. the state may make a rebuttal argument; and P. the court may determine the sufficiency of the evidence, whether or not a motion for directed verdict is made, after the return of the jury’s verdict.