1. if you were an attorney making your opening statement, what might your statement include:

• Discuss the facts of your case. [10] Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are. [11] ...
• Avoid arguing during your opening statement. [13] ...
• Avoid discussing the law in detail during your opening statement. Your opening statement can most likely have a brief introduction to the legal issues on which your case depends. ...

Full Answer

What is the opening statement in a criminal case?

An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect and to be able to understand the evidence when it is presented. The opening statement should not contain argument; rather, it should be a factual statement that lasts from 10 to 30 minutes.

What should a lawyer do when giving an opening statement?

When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make the jury want to decide in her favor. Jurors often base their decisions about the case on the impression received during the opening statement. Lawyers can connect with the jury by telling an enjoyable story.

What makes an effective 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. 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.

Do you have to read the opening statement in a trial?

Do not read your opening statement. Instead, practice several times and speak directly to the jury. Making eye contact with individual jurors shows that the lawyer believes in her case and is familiar with the events at issue. An outline of the case is more permissible if referred to sparingly, but leave the script at home. Also, be friendly.

What is the opening statement of a case?

What happens if a lawyer goes too far astray in an opening statement?

What did the prosecutor say in State v. Smallwood?

What is the case of the prosecutor in State v. Bernier?

What happens after jury selection?

Did the prosecutor comment that the defendant had escaped from a prison camp shortly before abducting the victim?

Can lawyers push the boundaries of opening statements?

See 4 more

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What should be included in an opening statement?

Opening Statement ChecklistState 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.More items...•

What are opening statement in law?

The opening statement is the lawyer's first opportunity to address the jury in a trial. Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

How do you write an opening statement for defense?

A strong defense opening statement will do the following:Tell a story. ... Plant the defense themes. ... Make concessions only with great caution. ... Make the defense case concisely. ... Humanize the defendant. ... Make no promises about the defendant testifying. ... Argue the defendant's case. ... End on a high note.

What happens in the 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.

Why are opening statements important?

The opening statement is one of the most important components of any trial. It is your first opportunity to present the case to the jury, and to shape the jury's perspective of the entire trial.

How do lawyers introduce themselves to clients?

1. How do lawyers introduce themselves? Lawyers typically introduce themselves by stating their name, firm, and area of practice. For example, “My name is Jane Smith and I'm a lawyer with the law firm of Smith & Associates.

How do lawyers start their 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.

What does an opening statement look like?

Opening statements include such phrases as, “Ms. Smith will testify under oath that she saw Mr. Johnson do X,” and “The evidence will show that Defendant did not do Y.” Although opening statements should be as persuasive as possible, they should not include arguments. They come at the end of the trial.

How do you write a good opening statement for an essay?

The introductory paragraph of any paper, long or short, should start with a sentence that piques the interest of your readers. In a typical essay, that first sentence leads into two or three more sentences that provide details about your subject or your process. All of these sentences build up to your thesis statement.

How do you start an opening statement for a debate?

In the opening statement, you must clearly present your team's case, explain why your argument is strong, and state what criteria your team will use to support it.

What can you not say in opening statement?

Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.

What is another word for opening statement?

What is another word for opening statement?forewordintroductionpreludeprologUSovertureprelusionprooemiumforward matterfront matteropening remarks36 more rows

What is an opening speech in court?

The opening speech involves taking the judge through the statements of the case and providing an outline and guide to your case. It should provide a summary of the evidence that will be produced and should not go into any details in relation to the content of the testimony.

What is another word for opening statement?

What is another word for opening statement?forewordintroductionpreludeprologUSovertureprelusionprooemiumforward matterfront matteropening remarks36 more rows

What is an opening statement in negotiation?

The opening in any Business Negotiation is a crucial step that sets the tone for the rest of the bargaining process. The purpose of the opening is to create the proper setting for the upcoming Negotiation that leads to the highest possible outcome that you can reach.

What is argumentative opening statement?

An opening statement has a narrow purpose and scope. It is to state what evidence will be presented, to make it easier for the jurors to understand what is to follow, and to relate parts of the evidence and testimony to the whole; it is not an occasion for argument.

A Sample Opening Statement | Trial Coach

Philip Moore robbed his lawyer, Mack Johnson. But, ladies and gentlemen, he didn’t kill him. After Philip left, or maybe even before Philip entered that house, Mr. Johnson died in his sleep, of natural causes. The prosecution wants…

The Most Effective Opening Statement Ever Given? - Saul Ewing Arnstein ...

In January 2012, a team of defense attorneys treated white collar practitioners to what may have been the most effective opening statements ever given in the prosecution of a business organization.1 The team — led by a cadre of former federal prosecutors — outlined their

What is a client statement?

b. A statement about the personal character of your client.

What can a defendant's attorney do after introducing evidence?

At the conclusion of the plaintiff's case, the defendant's attorney may ask for a... motion for a judgment as a matter of law. After the defendant's attorney is finished introducing evidence, the plaintiff's attorney can present a... rebuttal. Then the defendant's attorney can refute that evidence in a... rejoinder.

What is a T/F appeal?

T/F: On appeal, most courts reverse the trial court's decision.

Is the jury size for appellate courts small?

T/F: The juries for appellate courts are very small.

Can motions be filed after pleadings are closed?

T/F: Once the pleadings are closed, no more motions can be filed.

What is the opening statement?

An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. An opening statement is a factual narrative that should last no longer than is needed to keep the jury’s attention. It should preview, in an understandable way, the anticipated testimony and evidence.

What is the importance of an opening statement?

An opening statement, therefore, needs to be carefully planned. It should offer an understanding of the dispute and the parties involved in it. It should give an overview so the jury can better understand the evidence that will later be presented. An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

How to tell a story in a trial?

After introducing the theme, trial counsel should present the client’s case in the best and most accurate light possible, telling the story in a way that will make the jury want to decide in the client’s favor. Jurors often base their decisions about disputes on the impression received during an opening statement. The best openings offer a clear and persuasive story, using vivid images and metaphors. They introduce people and documents as they fit logically into the story and assemble the facts in a way that leads to only one compelling conclusion—the one the attorney is advancing at trial.

Why should an opening be given to the jury?

An opening should establish the credibility of the attorney giving it so the jury is persuaded to trust the testimony, documents, and other evidence eventually offered for its consideration.

Why is an opening important?

An opening should order important facts to support the dispute’s theme. A successful opening also will tell an engaging story from a client’s perspective, describing logically what happened. Chronological organization is often employed because jurors may have an easier time following a linear story.

What happens if you fail to deliver on proofs promised in an opening statement?

Failure to deliver on proofs promised in an opening statement can lead to counsel’s loss of credibility. It can give the adversary, at closing, an opportunity to argue that the party’s case was not made. 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.

Do you have to share demonstratives with opposing counsel?

Often demonstratives need be shared with the court and opposing counsel before openings or pre-marked as exhibits (or both). Whether or not this is required, it is best to attend to objections before trial (for example, at a pretrial conference). This will permit opposing counsel’s objections to be addressed before the jury sees the exhibit and will avoid opposing counsel’s objections from interrupting the opening statement. If demonstratives or exhibits are not permitted, consider bringing an ELMO or an easel on which to write down key points that the jury should focus on.

Why do you wait to make an opening statement?

If you are the responding party , there are several reasons why you may wait to make your opening statement until your opponent has presented his or her case. First, you may not want to inadvertently reveal anything the opposition can use to support its theory of the case. Another reason may be that you believe your opposing advocate has not presented sufficient evidence to establish his or her claim to impress the arbitrator to grant the relief being sought.

When to give a copy of an opening statement?

When you prepare a written opening statement, be sure to give a copy to the arbitrator after you have completed your statement. You must also give the union a copy. The arbitrator will then have a written roadmap to your case to follow and compare the union’s case to. In certain cases (Complex) it may be best to give it at the beginning so the arbitrator wouldn’t get as lost.

Why do arbitrators use decided cases?

While arbitrators are not bound by prior case law, using decided cases that support your theory often will guide an arbitrator to consider the similarities, and strive to be consistent. This makes their writing of the decision a lot easier. It also affords you the opportunity to establish your credibility, to build rapport with the arbitrator, and to persuade the arbitrator that your actions were correct and deserve to be sustained.

What does it mean to fail to prepare an effective opening statement?

Failing to prepare an effective opening statement may lead the arbitrator to assume that you did not take time to properly analyze the legitimacy of your actions.

What is the opening statement of an arbitrator?

Arbitrators see the opening statement as the road map that outlines the evidence and rationale for why you should prevail. Stick to the letter of the action being arbitrated. Don’t throw everything into your opening statement. Use only what you intend to prove through the facts, witness statements, and anything else that you intend to present.

How to make your opening statement more credible?

Do not let your opponent exploit your weakness (es). In your opening statement briefly offer an explanation for them. You know they are going to come out, so do not let the other side maximize leverage against you. Being straightforward is always a better strategy, and one that will enhance your credibility.

How to be successful in arbitration?

To be successful in arbitration you have to have a lot of thespian in you. You are there to tell a story about why you are there, and why at the end of the hearing the arbitrator should be swayed to your side to sustain the action taken by management.

What is the opening statement?

The opening statement provides the first impression of the case and shapes the impressions of the jury. The opening statement provides the first impression of the case and shapes the impressions of the jury. An opening statement forecasts to the jury the evidence they will see and hear during the trial—it allows the jury to know what to expect ...

What makes an opening statement effective?

Themes and storytelling are what make opening statements engaging and effective. The story of the case tells the jury what happened chronologically either from the viewpoint of the plaintiff or defendant. When giving an opening statement, the lawyer should place her side in the best possible light and tell a story that will make ...

Why should lawyers engage their audience during trial?

Lawyers should engage their audience during trial, and effective themes combined with engaging stories can fight juror boredom . Lawyers have a better chance later of persuading the jury if the jury likes their opening statements.

How to conclude a jury trial?

Conclude your opening by telling the jury what you would like them to do at the end of the case: “ I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.”

How to connect with a jury?

Lawyers can connect with the jury by telling an enjoyable story. These stories are persuasive and become embedded in a juror’s mind when they make sense, are stated in plain language, and have a beginning, middle, and an end. For example, tell the jury how they will learn about the plaintiff’s lack of knowledge. Tell them about how the plaintiff was not at the restaurant when the incident occurred. Explain that the evidence will support the employee’s testimony and the jury will see that the employee was acting professionally as stated in the employment contract. Tell them they will hear from the other employees who were at the restaurant on the night in question and they will put the actions in context. Present the people and the evidence in story form and the jury will be sitting on the edge of their seats in eager anticipation.

Why do lawyers have one sentence themes?

Emotionally based themes often serve as anchors, creating impressions for the jury that linger until the time the verdict is decided. Themes keep the jury’s attention and help them organize information.

What is Kelly Sanders' case?

This is a case about a man who has been harassing, stalking, and threatening my client, Kelly Sanders, after she ended a romantic relationship with him. Ms. Sanders lived with the Respondent for about three years, and they share a 2-year-old child together. Ms. Sanders came into the relationship with another child who is now 6 years old. They separated a few weeks ago because the Respondent began drinking much more than usual, threatening her life, insulting her, and encouraging the kids to join him. That is why we are here today, ladies and gentlemen of the jury. My name is Jack Jill, and I represent Ms. Sanders. In this trial, we ask you to grant her request for a Civil Protection Order.

What is the opening statement of a case?

The opening statement allows both sides to give the judge and jury an overview of the case, including what they plan to prove and how they plan to prove it (what evidence they will offer in support of their claims). Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement.

What happens if a lawyer goes too far astray in an opening statement?

Intervention. If a lawyer goes too far astray in an opening statement, opposing counsel can object—if the objection is proper, the judge will cut off the lawyer and potentially admonish the jury not to consider what he or she just said.

What did the prosecutor say in State v. Smallwood?

A prosecutor said, "You will learn that defendant is a drug dealer." The appellate court said this merely amounted to saying the defendant committed the crime in question. ( State v. Smallwood, 230 S.W.3d 662 (Mo. Ct. App. 2007).)

What is the case of the prosecutor in State v. Bernier?

The prosecutor knew the informant would not be testifying. ( State v. Bernier , 486 A.2d 147 (Me. 1985).)

What happens after jury selection?

In a typical criminal trial, after they have selected the jury, the prosecution and defense have the opportunity to give an opening statement. (For information on jury selection, see Jury Selection in Criminal Cases. To read about closing argument, see Closing Argument in Criminal Trials .)

Did the prosecutor comment that the defendant had escaped from a prison camp shortly before abducting the victim?

Even though evidence of other crimes by a defendant aren't usually admissible, the prosecutor had a reasonable expectation that evidence of the escape would be admitted. (Ex parte Baldwin, 456 So. 2d 129 (Ala. 1984).)

Can lawyers push the boundaries of opening statements?

On the other hand, courts frequently allow lawyers to push the boundaries of acceptable opening-statement remarks. Consider the following comments, which appellate courts validated: