- Present a clear picture of the case. Your opening statement is one of the only times at trial you will be able to tell a complete, uninterrupted story. ...
- Arouse the interest of your jury. You want the jury to be engaged and interested in the case. ...
- Build rapport with your jurors. ...
The opening statement is the opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney's client's side of the story.
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AnswerWhat should a lawyer do when giving an opening statement?
Apr 20, 2020 · 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. It should offer an understanding of the dispute and the parties involved in it.
Why is an opening statement important in a criminal case?
The opening statement is the opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney’s client’s side of the story. In an ideal opening statement, the attorney will paint a picture of the case for the jury so that when the jury hears the evidence, it can place the various pieces of evidence in the relevant parts of the story.
What is a prosecutor allowed to say in an opening statement?
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 makes an effective opening statement?
Statements that Consist of Improper Personal Beliefs: Attorneys are prohibited from expressing their personal beliefs during an opening statement. If an attorney says something that revolves around his/her personal beliefs, an objection is appropriate. Statements that Misstate the Law: If an attorney makes a statement about a law that is ...
What do the lawyers for the defense attempt to do during the opening statement?
A common defense attorney strategy in opening statements is to start critiquing the state's case, and letting the jury know that there are two sides to the story. ... In theory, you can reserve your opening statement until after the prosecution has rested, but this is rarely done (particularly in mock trial competitions).
What happens during an opening statement in court?
The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold. ... They come at the end of the trial.
Can a lawyer object during 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.
How does a lawyer start a speech?
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.Oct 30, 2015
Are opening statements considered evidence?
The lawyers each make an opening statement outlining what they intend to prove. Jurors should understand that these opening statements are not evidence. Afterward, the plaintiff is usually the first to present evidence to support his or her position, and the defendant follows with his or her evidence.
Can you discuss the burden of proof in 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.Nov 28, 2021
What needs to be in an opening statement?
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. ... A memorable theme will persuade the jury and help it understand and organize the evidence.Apr 20, 2020
What happens after the opening statement?
Opening statements are not evidence. 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.
What can you not do in an opening statement?
An opening statement is not argument. You don't explain why your evidence is better than your opponent's or why your case theory is the one your audience should believe. And you don't tell the judge what conclusions they should reach.May 7, 2019
What is the 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).
What is the meaning of opening statement?
Opening statements are factual statements made by attorneys in a case. The opening statement provides each side with an opportunity to present the facts and theories of a case.Feb 3, 2022
What is an opening statement in a speech?
Powerful speech opening lines set the tone and mood of your speech. It's what grips the audience to want to know more about the rest of your talk. The first few seconds are critical. It's when you have maximum attention of the audience.
What is the purpose of opening statements?
Purpose. Opening statements are intended to give the jury a preview of the case. An opening statement describes the parties, outlines the nature of the issue in dispute, presents a concise overview of the facts and evidence so that the jury can better understand the overall case, frames the evidence in a way that is favorable to ...
What is the opening statement in a trial?
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 ).
What is the opening statement of an attorney?
The opening statement is the opportunity for the attorney to tell the jury what the cause of action is about, what evidence the jury will hear, and the attorney’s client’s side of the story. In an ideal opening statement, the attorney will paint a picture of the case for the jury so that when the jury hears the evidence, ...
Why are opening statements important?
Opening statements are important because studies have shown that trials are sometimes won and lost just through the opening statement. Studies have revealed that often, jurors make up their minds based on the opening statements.
How long does an opening statement take?
Thank you very much. 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.
Who is the burden of proof in a lawsuit?
The burden of proof is generally placed on the plaintiff since the plaintiff is the party bringing the lawsuit and demanding some type of legal or monetary relief. The party seeking relief must provide some information during the trial in the form of witness testimony, documentation, written statements or physical evidence, ...
What is shifting burden of proof?
In the above example, the statute provides an example of a “shifting” burden of proof. The statute initially placed the burden of proof on Carl, the plaintiff. Carl must establish that his injuries resulted from an altercation with Mark. If Carl adequately presents evidence supporting his claim, then the burden shifts to Mark to demonstrate that even though he did cause the injuries, he has an applicable defense that is recognized under the statute. Therefore, if Mark can present evidence that he was not the aggressor but was merely trying to protect himself, then he can escape from liability. The burden to prove this fact would fall on Mark. If Mark cannot prove that Carl was the aggressor and Carl cannot prove that he was not the aggressor, Carl would win the case because Mark will have failed to satisfy his burden of proof. See U.S. ex rel. Southern Ute Indian Tribe v. Hess, 348 F.3d 1237 (10th Cir. 2003).
Does the burden of proof always fall on the plaintiff?
However, the burden of proof does not always fall on the plaintiff. Statutes sometimes require that the defendant carry the burden of proof in some instances to establish certain issues. Alternatively, a statute may place the burden of proof initially on the plaintiff to prove certain elements and then “shift” the burden ...
Is an opening statement an argument?
The opening statement is not the appropriate place to argue – rather, it is a place to present the facts. The recitation of facts may be slanted in favor of one party, of course, but it must remain truthful. Although jurisdictions and judges vary in how much argument they will allow in an opening statement, most jurisdictions do not allow much ...
Opening statements are supposed to serve as roadmaps, but they often go astray
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Opening Statement Examples
The following are examples of opening-statement comments that courts have found improper:
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. The judge will probably let the lawyer resume the opening statement, but intervene if it gets off track again.
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 ...
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 is the opening statement of a lawyer?
The opening statement is about the evidence and the case. It is not about you. Keep your tone professional. While you want to speak loudly and project your voice, you should avoid yelling or screaming. A yelling or screaming lawyer is not very credible at all. Be honest with your audience.
What is a good opening statement?
First, it grabs the audience’s attention and makes them care about the case and the people involved. Second, it gives a preview of your case and lets your audience know how they’ll be spending the next 3 hours of their lives. Think of your trial as a movie, and think of your opening statement as ...
Can a theme be useful?
A theme can be useful, but only if it fits with your story and case theory. Your theme shouldn’t feel like it’s just been crammed into your opening statement as an afterthought.
How to record yourself talking?
Record yourself as you do this. That way, you can just listen to your recording and type out what you said to come up with your script. If the idea of recording yourself talking sounds horrifying, practice a few times before hitting record.
Is an opening statement an argument?
An opening statement is not argument. You don’t explain why your evidence is better than your opponent’s or why your case theory is the one your audience should believe. And you don’t tell the judge what conclusions they should reach. These explanations aren’t proper in an opening statement; they belong in a closing argument.
Present The Theme of The Case
- Lawyers should have a one-sentence theme for their cases. 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. Relying on a theme and hearing a story that incorporates the theme helps make the information enjoyable and easier to …
Tell A Story
- 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 the jury want to decide in her favor. Jurors often bas…
Assemble The Facts Persuasively
- Present the facts in the order that will advance your conclusion. If you want to convey that the person fell after the milk had spilled, present the events by describing the puddle of milk on the floor, and follow immediately with the slip and fall. Communicate the connection or lack thereof between the spill and the fall, with the timing and sequence of your presentation. Let the facts s…
Bad Facts
- When should you let the bad facts out? Do you talk about them in the opening if they are likely to come out at trial? There are several options. You can address bad facts in your opening to “cut the sting” before they are raised by opposing counsel. You can present all of the issues in your opening for credibility purposes. If the jury believes that you are willing to expose the problems …
Make A Connection with The Jury—Do Not Read Your Opening
- 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. Do not be afraid to smile.
Conclusion
- 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.” Conclude confidently with a clear message and be sure that the jury understands you…
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.
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