Write an Opening Statement

An opening statement is one of the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about his or her case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.

Steps

Preparing to Write

  1. Identify and understand the purposes of your opening statement. An opening statement is meant to help jurors comprehend the case, focus on important evidence, and provide context.[1] Before writing your opening statement, you are going to want to grasp why the opening statement is so important. This will help you write the best opening statement possible. Your opening statement should do at least the following things:
    • Present a clear picture of the case.[1] Your opening statement is one of the only times at trial you will be able to tell a complete, uninterrupted story.[1] After your opening statement, the case will unfold in bits and pieces and may seem unorganized to the jurors.[2]
    • Arouse the interest of your jury.[1] You want the jury to be engaged and interested in the case.[1] If they are not, you may find your jury getting bored and becoming inattentive during your presentation of witnesses and evidence.[1]
    • Build rapport with your jurors.[1] 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.[1]
  2. Identify and understand what content belongs in your opening statement. Before you start writing your opening statement, you want to brainstorm what type of information should be included and what should be left out. An opening statement is an opportunity for you to discuss the facts of your case while generally avoiding arguments and the application of law to facts.[1]
    • Discuss the facts of your case.[1] Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are.[1] 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.[1]
    • Avoid arguing during your opening statement.[1] 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.[1] 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.[1]
    • 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.[1] 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.[1]
  3. Identify and understand your audience and what your tone should be. When you deliver your opening statement at trial, your audience is going to be the jurors. In order to write the best possible opening statement, you will want to know as much about your jurors as possible. Understand the educational and cultural diversity of your jurors, as well as any likes or dislikes they may have hinted at during prior proceedings.[3] The tone of your article should match the audience you are speaking to. You will want to craft your opening argument to make it easily accessible to your jurors without making it oversimplified or rude.[3]

Writing Your Opening Statement

  1. Write your introductory remarks.[1] Be aggressive here and give the jurors a good impression of your case.[1] Begin with remarks that summarize the case, state your theme, and arouse the interest of the jurors.[1] The first couple of minutes during your opening statement is when all the jurors are likely paying the most attention, so you want to capture them immediately.[1]
    • Consider the following example: "On January 23, 2001, Chris McGuigan walked into Riverside 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."[1]
  2. Introduce your actors, places, and things.[1] In this section you want to first introduce your client, followed by an introduction of other important witnesses.[1] When you introduce your client, you want to make him or her seem real and likeable.[1] At the end of the day, the jury is going to see your client throughout the trial so you want them to relate to and empathize with your client. You should also familiarize the jury with important locations and times that are going to play a big role in the trial.[1] When you introduce these things, you should attempt to make them as real and tangible as possible because you want the jury to stay engaged and believe your story.[1]
  3. Identify your disputes.[1] When you identify the points of contention in your case, you want to tell the jury in plain language what is claimed in the complaint and how the complaint was answered.[1] You want to state the general nature of the disputes the jury will have to resolve while making sure you are not attacking your opponent's case at this stage.[1]
  4. Tell your story.[1] This is the body of your opening statement and should tell your story of what happened from your client's point of view.[1] You want this section to be simple and easy to follow because this will be the jury's first impression of the facts. Your focus should be on who did what to whom, what their reasons were for doing it, and what the consequences were.[1]
  5. Discuss your weaknesses.[1] You want to bring up any glaring weaknesses in your case at the beginning in order to look honest, lessen the impact when your opponent brings them up, and it allows you to portray them in the most positive light possible.[1] You want to keep this section as brief as possible and only bring up weaknesses that are going to emerge from your own presentation of evidence.[1]
    • 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."[1]
  6. Provide a conclusion.[1] Your conclusion should summarize the theme of your case and you should ask the jury for a specific verdict.[1] You can accomplish this by suggesting that the evidence adds up to a favorable outcome.[1]
    • 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."[1]

Practicing Your Opening Statement

  1. Prepare your speech for the day of the trial. You should strive to deliver your opening statement from memorization. Doing so will make your opening statement more genuine, believable, and effective.[1] In order to accomplish this, you should:
    • 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.[1]
  2. Practice your opening statement in front of an audience or in front of a mirror.[1] Practicing will help you become comfortable with your delivery and timing.[1] Also, practicing with others will allow you to get feedback from friends, family, and/or colleagues regarding your content and mannerisms.
  3. Make final changes if necessary. Before you go into the courtroom to deliver your opening statement, you will want to make any final tweaks you think will make the opening statement perfect. You will have spent so much time preparing and practicing, you will know by this point if anything needs to be added or taken out. Do this at least a day before you deliver your opening statement so you have time to practice your final version.

Tips

  • Keep your opening statement short and sweet. Depending on the complexity of your case, your opening statement may be longer or shorter than 15 minutes. The closer you can get to a 15 minute opening statement, the better off you will be.[3]
  • Be confident and deliver the opening statement you prepared and practiced.

Warnings

  • State and federal law will dictate exactly what can and cannot be said during an opening statement, so be sure to conform to the necessary rules when writing and delivering your opening statement.

Related Articles

  • Comply With the Sarbanes Oxley Act

Sources and Citations

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 http://www.law.indiana.edu/instruction/tanford/web/reference/04open.pdf
  2. ↑ http://www.uark.edu/depts/comminfo/Lindsley/lc4.html
  3. ↑ 3.0 3.1 3.2 http://apps.americanbar.org/litigation/committees/youngadvocate/articles/fall2013-0913-opening-statements-tips-effectiveness-15-minutes-less.html
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