Opening-statement-legalman-mock-trial-Dec-23-08

An opening statement is generally the first occasion that the

trier of fact A trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence prese ...

(

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

) has to hear from a lawyer in a

trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...

, aside possibly from questioning during

voir dire (; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Qu ...

. The opening statement is generally constructed to serve as a "road map" for the fact-finder. This is especially essential, in many jury trials, since jurors (at least theoretically) know nothing at all about the case before the trial, (or if they do, they are strictly instructed by the judge to put preconceived notions aside). Though such statements may be dramatic and vivid, they must be limited to the

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

reasonably expected to be presented during the trial. Attorneys generally conclude opening statements with a reminder that at the conclusion of evidence, the attorney will return to ask the fact-finder to find in his or her client's favor. Opening statements are, in theory, not allowed to be

argumentative In the American legal system, argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. One common misconception is that argumentative questions are meant only t ...

, or suggest the inferences that fact-finders should draw from the evidence they will hear. In actual practice, the line between statement and argument is often unclear and many attorneys will infuse at least a little argumentation into their opening (often prefacing borderline arguments with some variation on the phrase, "As we will show you..."). Objections, though permissible during opening statements, are very unusual, and by professional courtesy are usually reserved only for egregious conduct. Generally, the

prosecution A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial ...

in a criminal case and

plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the p ...

in a

civil case - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case. Few take this option, however, so as not to allow the other party's argument to stand uncontradicted for so long. The techniques of opening statements are taught in courses on

trial advocacy Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and in continuing legal edu ...

. The opening statement is integrated with the overall case strategy through either a theme and theory or, with more advanced strategies, a line of effort. Specific tactics that can be incorporated in an opening statement are audio-visual elements, a clear overview of the coming presentation, and using deposition testimony to highlight key information they can expect of upcoming witnesses.O'Toole, Tom (PhD) & Schmid, Jill (PhD); Tsongas Litigation Consulting
Effective Opening Statements and Closing Arguments.
'King County Bar Bulletin.'' Dec. 2010. Accessed Jan. 12, 2017.

References

External links

Differences Between Opening Statements and Closing Arguments
{{DEFAULTSORT:Opening Statement Statements Legal procedure

See also

References

External links