Notes on Opening Statement

For an ongoing project, I'm trying to pull together the notes on opening statement I've gathered over the years. For what it's worth, here is the result of my work so far:

Organizing the Opening

--The opening should summarize the evidence in a way that presents the theme of the case.

--One simple method of organization: A short opening sentence or two that presents the theme of the case; a short 125-word overview of the case to orient the jurors and give them an aid to understanding the facts that follow; then a re-telling of the "story" chronologically.

--Another method of organization modeled after a screenplay: Begin by introducing time and place, then introduce your client (the protagonist), then introduce the complicating element (what's gone wrong), then relate events chronologically in a way that suggests the story should end happily.

--Keep this in mind when writing the opening: Make a list of the points you want (or need) to make. These are your headings. Then write the facts that will establish each point. You'll then relate the facts to the jury, not the "point." However, in relating the facts, the point will be obvious to them. (Example: Point--my client is a careful driver. Facts to make the point: "Mr. Jones looked both ways before pulling out, saw that he could pull out, entered the lane, then proceeded to the stoplight. He stopped behind the car in front of him. A split second later, he heard a screech, then felt the impact of the defendant's car crashing into the back of his").

--End the opening with something like this: "At the conclusion of the case, I will return to speak to you again, and I will ask you to find in my client's favor."

Do's for Opening Statement

--Begin in the formal way: "May it please the Court."

--Be brief.

--Look at each juror.

--Begin by telling the jurors something important. If you want to introduce co-counsel or explain how the trial is going to work, do it after you're well into your opening.

--Speak in simple English using short, ordinary words.

--Use the words you choose to create images in juror's minds.

--Present your position without quarreling with your opponent.

--Create empathy for client by describing personal facts about him--a view into your client's life.

--Make a point by repeating it in different ways.

--Use visual aids and portions of depositions.

--Show the jurors the standard jury instructions as a way to demystify the process.

--For plaintiffs, who go first: Deal with the defendant by telling the jury what they should expect to hear from him; keep the defendant on the defensive.

--If you decide to preempt the defense by introducing weaknesses, do it in a positive way. Not this: "You will hear that Jim had a bad back before the accident, but that doesn't mean he shouldn't recover." But this: "Jim was all but recovered from a painful back injury when the defendant crashed his car into the back of Jim's car."

Don'ts for Opening Statements

Don't use notes. Opening is one of the few parts of trial you can plan for well in advance. Write out your opening and rehearse it.

--Don't comment on the credibility of witnesses. (In Illinois, it's objectionable to say in opening that a witness is not telling the truth.)

--Don't tell the jurors the case is "interesting." Your opening should demonstrate why the case is interesting.

--Don't use the stock phrase "what I say isn't evidence." Once you say it, the jury will quit listening.

--Don't say "The evidence will show" at the beginning of each sentence. This is boring and repetitive. Instead, state the facts.

--Don't refer to your opening as a "story." Though it is, the jurors may misunderstand: a "story" is also something someone tells when they're being less than truthful.

--Don't be overdramatic. A highly dramatic, engaging "performance" may leave the jurors feeling like the rest of the trial is a letdown, just at the time you want them to be engaged and interested.

--Don't argue, which isn't permitted. How to tell if you're arguing: would the words you are saying ever come out of a witness'smouth? If not, you're probably arguing. (Example: "The accident caused Mr. Jones grievous, permanent harm." That's not how a witness would testify, and it's argument).

--Never promise more than you can deliver. Don't overstate or exaggerate any item of your case (calling an injury "permanent" when there is no evidence of permanency). You want the jurors to think later, "The case is even stronger than I expected."

Comments

[Nicole Strong]

Thank you for making this blog. I'm in high school and we're having a mock trial and this definately helped prepare my whole side for what we should expect.

[brenda]

ahh thanks for these notes! im a freshman in high school and we're doing a trial over global warming and this really worked for me! thanks!!!!!!!!!

[Angela Auten]

I am a judge in a mock trial, but I wanted to know about the opening statement. I want to write a book. I am a high school student, but hopefully when I start the book it will come out great. I read the book Monster. I loved it and now I want to write something like that. It will be a different case and it isn't going to be a journal like Monster (which I still own). I was going to make up a case. I love my criminal law class and I am going to dedicate my book to that class. I decided to write this book today. I hope it comes out great.

[Erica]

Thanks , im also doing a mock trial for of mice and men . Im the defense attourney and I didnt know where to start , hopefully this will help me . =)

[Quie]

totally wonderful needed this. im a high school defense attorney and needed this! thanks a bunch!

[Brooke]

I am a high school student preparing a mock trial as well. I want to be a lawyer, so these articles will really help me in the long run. Thanks!

[Miguel]

OMG it helped me like mad!!!!
I'm having a Mock Trial Tournament this week and there's a $200 prize for each for the winning team!!!!
I felt dying while doing the opening statement but u saved me!!!!!!
Thank you captain, oh my captain!

[Bryce]

This was more than helpful in aiding me in winning my case thank you!

[N/A]

Thank you so much! Like many others I am also doing a mock trial. My debate is based on the story "A Man Without a Country" and I must argue that Philip Nolan's punishment violates the 8th Amendment.

[sarah diller]

Hi i am in 5th grade and i didnt exactly know how to write an opening statment this really helped alot THANKS ALOT!!!!!!!!!

[Mark. D Bergman]

About two weeks ago I found this site, I have to say it has been very informative. I have never studied law in school, but since 1993 I have been involved in creating new State law, appealing the first OHSA 11(c) whistle-blower case (on the west coast), one wrongful cloud upon a title, one breach of contract, one mechanics' lien, one Credit Card, I prepared and wrote two appeals, two Writs of Certiorair, and I am presently a defendant/counterclaimant in a banking transaction error case.
Yes, I am an starting to become an old man now, but I have really enjoyed your disclosure of this well of knowlegde. I can only advise your future visitors to read everything more than once, because it is such great writing that it cannot be taken in completly on just one pass. Last, do not study law unless you love it and want to learn why laws are created and we need laws to hold this great nation above all the rest. Thank you for your site and I will be back.

[Teri]

Thank you! I am a high school student preparing for a mock trial and your this has helped me a lot with preparing my opening statement

[brockus]

i agree with the april 1st person. I like to eat my hotdogs cut down the middle with a bacon strip placed into it. mmmmm.