An opening statement introduces the parties, the facts, and the framework the jury should use to understand the evidence. It is not argument, so counsel may describe what the evidence will show but may not argue inferences or attack credibility directly.
The plaintiff opens first, and the defense may open immediately or, in some jurisdictions, reserve until the start of its case.
Alternative Names:
Opening, Opening Argument
Why it Matters?
Research on juror decision-making consistently indicates that many jurors form a working view during openings and interpret subsequent evidence through it, which makes this the highest-leverage twenty minutes of most trials. Reserving the defense opening surrenders that ground and is rarely advisable. The defense opening must also give the jury an affirmative account rather than a promise to poke holes.
Frequently Confused with
Related terms
Frequently asked questions
Should the defense reserve its opening statement?
What may not be said in an opening?
