Opening Statement Checklist

• State your theme immediately in one sentence.
• Tell the story of the case without argument.
• Persuasively order your facts in a sequence that supports your theme.
• Decide whether to address the bad facts in the opening or not.
• Do not read your opening statement.
• Bring an outline, if necessary.

What is the importance of opening statement?

The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.

What are 3 things you should always include in an opening statement?

An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.

Why is it important for both sides to have an opening statement?

An opening statement may be the most critical aspect of a trial. It is the first time the opposing attorneys have the opportunity to explain to the jury what the case is about. It is the first time they hear about the case and get a framework for what is to be presented to them throughout the trial.

What is a good opening statement?

An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence. The theme developed should be straightforward, clear, and designed to catch and hold the jury’s attention. It should get directly to the heart of the dispute.

How do you introduce yourself in an opening statement?

Successful introductions establish three things first and foremost:

1. A comfort level and rapport between you and your audience.
2. “My name is X, and I’ve been asked to speak to you about Y because Z.”
3. “Good morning, my name is X.
4. “Good morning, my name is X, and I’m here to talk to you about Y.
5. “Hi, my name is X.

What comes after an opening statement?

Opening statements are followed by the case-in-chief. The prosecutor or plaintiff’s attorney again goes first. Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.

How long is an opening statement?

Most opening statements take between 10 and 45 minutes, although, depending on the complexity of the case, some may take longer. Some jurisdictions have developed rules for how long opening statements, as well as closing statements, may be. Other jurisdictions leave such time limitations to the judge’s discretion.

What happens after the opening statement?

Following the opening statements, the attorney for the plaintiff presents evidence. Thereafter, the defendant may or may not choose to present evidence as he or she sees fit. Evidence falls into 2 classes: testimony and exhibits. Testimony consists of statements made by witnesses under oath.

Can you object during opening statements?

Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct. Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second.

Why is an opening statement important in a trial?

An engaging and effective opening statement is critical. It is a trial attorney’s first opportunity to present his or her case to the jury from the client’s perspective and to shape the jury’s views of the dispute. An opening statement, therefore, needs to be carefully planned.

Which is an example of an effective opening statement?

By way of example, in a breach of contract case, the jury might find a client’s story more believable and easier to understand if counsel displays an overhead graphic showing the contract’s key provisions. Many jurors are both audio and visual learners, meaning they will better understand by seeing as well as hearing an opening.

What should a lawyer say in an opening statement?

Addressing a bad fact out of context, however, can lead jurors to give it undue weight. Trial counsel should speak directly, pleasantly, and confidently to the jury, attempting to make a connection with each juror. When lawyers read only from notes or fumble for words, they appear unprepared, and opportunities are lost.

What should be the conclusion of an opening statement?

Provide a conclusion. Your conclusion should summarize the theme of your case and you should ask the jury for a specific verdict. You can accomplish this by suggesting that the evidence adds up to a favorable outcome.