Opening Statement in the United States

Outline of arguments an attorney plans to present to a jury during a trial. The opening statement characterizes the case and previews the evidence that will be submitted during the trial. Opposite from the opening statement is the closing statement or summation. The summation is intended to review the evidence presented. Both opening and closing statements allow counsel an opportunity to suggest a favorable interpretation of evidence. These statements are optional, but the closing statement is seldom waived. It is rendered before a judge instructs or charges the jury.

See Also

Assistance of Counsel (Criminal Process).

Analysis and Relevance

An opening statement is not evidence in itself. The value of the opening statement is that it introduces the issues in the case to the jury. The opening statement is designed to enable the jurors to better understand the evidence that will be presented. In addition, the opening statement may also prompt the jurors to anticipate particular evidence and incline them to view that evidence favorably. The opening statement sets the stage, and each attorney tries to establish some basis for s&dvSRiSgt jJjfPujfh these remarks.

Notes and References

1. Definition of Opening Statement from the American Law Dictionary, 1991, California