CeDEx workshop - Daniel Seidmann (University of Nottingham)

The Order of Presentation in Common Law Trials: Flexibility v. Commitment

Elena D’Agostino and Daniel J. Seidmann

Abstract: Plaintiffs/prosecutors present their evidence before defendants in common law trials. We analyze a model of trials with the following properties. If litigants share a common pool of evidence then they never prefer to present first, but may prefer to present second; but a litigant may prefer to present first if the evidence available to litigants is private information.