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

[james]

Thanks! I'm a high school student preparing a mock trial and your article has really helped me shape my opening statement
Nice website BTW

[Erin]

i'm also preparing for a mock trial. this was very helpful for me in so many ways. i was so confused when i found out i had to deliver the opening argument. so thanks a bunch.

[JW]

I am also a mock trial student preparing my opening statements and your article has been more help than my team.

[Star]

Thanks for the tips - I do mock trial, and am currently presenting a case against Maeda (greek lit.) in english. This was really helpful

[amanda]

i think the tips are helpful, but need to be explained a little more. I recently was a bailiff for mock trial in my school, and i heard the attorneys give the judges their opening statement. I think the statements they gave were okay, but could be better, and i think that going to this site would give very little to no advice to them. Please take his into consideration: Explain. Also, you may want to give an example of a good opening statement. Tell the beginnning of what should be a good statement, and regardless of the other comments which only tell the good things about your tips, i am honestly giving the truth. Thank you for offering a site in which students can learn more about trials. Thank you. Amanda

[james]

Good job, but I also believe a sample opening statement would greatly enhance the Web Log

[Shea]

super cool site helped me with my opening statment for class!

[Megan Combs]

i am doing a mock trial right now for one of my high school classes! my group put me in charge of preparing the opening statements and your article has been more helpful than anyone could ever put forth! Thanks...keep up the good work!

[mel]

thks for the info bout opening stements it really helped!! I was extremely confused about writing one, since i have an assignment on it. BTW how should i start it if i write about Ivan the Terrible- being the accused and as I'm representing the serfs.

[Courtney]

I am a high school student getting ready to be a 'defence attorney' in my english class' mock trial. I have to defend George Milton from John Steinbeck's, Of Mice And Men, and your website has really helped me begin to write my opening statement.
Keep up the good [great!!] work!
Thanks!
Courtney

[Veronica]

I am highschool student preparing for my mock trial exam. Your website helped me alot and i think its also a really great website my only suggestion would be to possibly add a example of a opening statement. Other the that it was very helpfull thanks for all the help!
Veronica - Toronto, Ontario

[Kristie]

I am a high school student preparing for a mock trial as a prosecuting attorney. This has been very helpful in the process of writing my opening statement.
Thank you

[Elyssa]

OMG ! thank you so much for this, like the highschool student i have to defend george in a fake trial, but i am in middle school . THIS HELPED ALOT ! THANK YOU !!

[bob saget]

thanks so much!!! this helped me own my highskool mock trial

[Adir (lol)]

Thank you so much you also helped me with my mock trial, you guys should post a lot more and make this site bigger!!

[bballdud123]

thank u so much! this is a big help for writing an opening statement. i'm doing a kind of mock mock trial at school.

[Rahaf]

Thanks a lot for this article, I am a college student, and studying Paralegal, and my Instructor did not provide the students with examples or anythin about how to start an opining statements. and I'm supposed to go for a tarining in a real court having a real case and everything... so really thanks a bunch... but i would like to suggest something that if you provide it with a small example that might help students and so on..
Again thanks

Rahaf Alsati
Sheridan College
Court and Tribunal Agent
(647)866-0748

[Rahaf]

Thanks a lot for this article, I am a college student, and studying Paralegal, and my Instructor did not provide the students with examples or anythin about how to start an opining statements. and I'm supposed to go for a tarining in a real court having a real case and everything... so really thanks a bunch... but i would like to suggest something that if you provide it with a small example that might help students and so on..
Again thanks

Rahaf Alsati
Sheridan College (Davis Campus)
Court and Tribunal Agent
Mississauga, Ontario
(647)866-0748

[Shredder]

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[Emma]

Wow, this helped a lot. I'm also in a Mock Trial in my high school and I get really nervous and don't know what to say. This really helps me organize everything. Thanks.

[Sarah]

I didn't know how on earth I was going to do the opening statement until I found this site. I am in 8th grade and am ALSO doing a Mock Trial!! Real excited!! lol Thanks a Bunch!!

[Nicholas]

I am a high school student, and i just want to say, Thank you so much for this i found it so helpful when preparing for my trials.

[ping ling]

this information didn't help at all. I am going to lose the mock trial because of you!

[nessie]

I thought the information was very helpful. I'm also a high school student preparing for a mock trial so this was really helpful thanks.

[N/A]

i am a lawyer and this is ok but some of your points are untrue