Business, Legal & Accounting Glossary
A statement made by an attorney or self-represented party at the beginning of a trial before evidence is introduced. The opening statement outlines the party’s legal position and previews the evidence that will be introduced later. The purpose of an opening statement is to familiarize the jury with what it will hear–and why it will hear it–not to present an argument as to why the speaker’s side should win; that comes after all evidence is presented as part of the closing argument.
n. the explanation by the attorneys for both sides at the beginning of the trial of what will be proved during the trial. The defendant’s attorney may delay the opening statement for the defense until the plaintiff’s evidence has been introduced. Unlike a “closing argument,” the opening statement is supposed to be a factual presentation and not an argument.
An opening statement is made in court by each of the attorneys in a personal injury case to describe the case and convince the jury or judge to find in their favour. The opening statement outlines the facts of the injury case and should not be argumentative. In a civil case, the plaintiff will have the first opening statement because they are the party with the responsibility to meet the burden of proof, which is generally through a preponderance of evidence. A lawyer may also choose not to provide an opening statement.
The opening statement should clearly outline the theory of the plaintiff’s case and have a coherent argument for what the plaintiff hopes to prove. Because the opening statement is the first time the lawyer will talk to the jury it is important that it is clear and engaging. Some lawyers will develop a word for word opening statement while others will outline the points they want to discuss.
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This glossary post was last updated: 29th April, 2020 | 0 Views.