Present a clear picture of the case. [2] X Research source Your opening statement is one of the only times at trial you will be able to tell a complete, uninterrupted story. [3] X Research source After your opening statement, the case will unfold in bits and pieces and may seem unorganized to the jurors. Arouse the interest of your jury. [4] X Research source You want the jury to be engaged and interested in the case. [5] X Research source If they are not, you may find your jury getting bored and becoming inattentive during your presentation of witnesses and evidence. [6] X Research source Build rapport with your jurors. [7] X Research source You want the jurors to like you, as you will ultimately ask them to decide the case in your favor. You want to speak to them as the intelligent people they are, and you want to be sincere in the beliefs you convey. [8] X Research source
Discuss the facts of your case. [10] X Research source Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are. [11] X Research source You must not exaggerate or misstate your evidence, you must not refer to inadmissible evidence, and you must not discuss matters that will not be a part of your own case. [12] X Research source Avoid arguing during your opening statement. [13] X Research source Because the point of your opening statement is to introduce the jury to your case, you do not want to turn your opening statement into a series of legal arguments. [14] X Research source So long as you are assisting the jury in understanding your evidence, your comments should be permissible. However, once you begin asking the jury to make inferences, interpret facts in your favor, and/or resolve disputes, you are most likely making impermissible arguments. [15] X Research source 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. [16] X Research source However, you should avoid discussing how the law should be interpreted, and you should avoid applying any of the facts of your case to the law. [17] X Research source
Consider the following example: “On January 23, 2001, Chris McGuigan walked into Riverdale Hospital through the front door to have a minor operation to remove a growth on her arm. One week later, on January 30, she was carried out of the back door dead. What happened in that short week to turn a routine operation into a life and death struggle, and why it never should have happened, is what this case is all about. “[24] X Research source
Consider this good example: “At 9:00, Jim McCutcheon left the steak house, and got into his car to head home. The car was in good condition, and Jim was alert, sober and not at all tired. He had drunk two beers with his dinner, but was still in full control of his faculties. He would not have driven if he had been feeling any effects from the beer. Jim won’t even drive with a cell phone on. “[39] X Research source
Look at this example to see how to effectively summarize your case and ask the jury for a verdict: “The bottom line is that the evidence will show that the defendant knew what he was doing when he killed Boyd Farnam. He killed Boyd for revenge - an eye for an eye - because he blamed Boyd for the death of his daughter. The people of this state will therefore ask you at the close of the evidence to find him guilty of murder. “[43] X Research source
Write your opening statement exactly as you want to present it; Reduce it to a general outline; then Reduce it one last time to a key word outline that you may or may not use during your opening statement itself. [45] X Research source
