opening speech court

Opening Statments

Opening statements.

Upson County Courthouse, Thomaston, Georgia, built in 1908 at a cost of $50,000 in the Neoclassical style.

“The opening statement outlines the case it is intended to present. The attorney for plaintiff delivers the first opening statement and the defense follows with the second. A good opening statement should explain what the attorney plans to prove, how it will be proven; mention the burden of proof and applicable law; and present the events (facts) of the case in an orderly, easy to understand manner.”  Mock Trial Material from State of Oregon v. Dulsa (2017-18 Season)

An opening statement is not an argument or a discussion of the law, but rather tells the jury what the evidence will show and serves as a road map for the jury to follow.  Objections by the opposing counsel are not permitted. 

What to know before drafting an opening statement

• Can you tell a brief story about what happened from your side’s point of view?
• What is your theory of the case?
• What are the key elements that have to be proved (by you or the other side)?
• What do you anticipate the evidence will show?
• What are the important facts your side’s witnesses will testify to?
• What themes (words and phrases that convey emotions) do you want to emphasize?
• Who has the burden of proof and what is it?
• What do you want the jury to do?
• How much time do you have? (usually 5 minutes)

Anatomy of an opening: the basics

• A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.”
• If they have already been introduced,  some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.
• One or two sentences which tell the jury what your case is about
• “My client, Landry Lopez, was fired for reporting an illegal activity to his employer, the restaurant Buddies Burgers.”
•  “This case is brought under Oregon whistle blower law, which prohibits employers for retaliating against employees who have a reasonable belief that an illegal activity has occurred and report it. ” 
• Presented from your side’s  perspective
• Purpose is to give the jury the big picture 
• “The facts of this case are straightforward.  The evidence will show that on May 5, 2016, Landry Lopez saw . . .”
• “Under Oregon whistle blower law there are three elements that must be proven.   First . .”
• “We will call three witnesses: Landry Lopez, Sam Jackson, a former Buddies Burgers employee, and Tyler Erickson, a journalist student.”
• “Mr. Lopez will tell you that . . .”
• “Next, Plaintiff will call Ms. Jackson, a former BB employee . . “.
• “Finally you will the testimony of Tyler Erickson, who was with Mr. Lopez . . . “
• “ This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence.” (Explain briefly and illustrate with hands what a preponderance of the evidence means)
• “Oregon’s whistle blower law exists to protect, and encourage, employees to report illegal activity in the workplace. Mr. Lopez engaged in such whistle blower activity and was fired for doing so. “
• “For these reasons, after you have heard all the evidence, at the end of this trial we will ask you to return a verdict in favor of Landry Lopez.”
• “At the end of the trial the State of Oregon will ask you to find the Defendant guilty of . . . . .”
• “Based on the evidence you will hear, at the end of the trial the Defendant will ask you to return a verdict of not guilty

Going Deeper: Ways to Improve the Opening Statement:

• Substance and technique . . .  AND 
• Performance and style

 Substance and Technique

• Opening statements go through many edits and revisions 
• Seek out the input from others
• Try things out – if they don’t work,  don’t use them
• A hook is a sentence or very short paragraph in the introduction which serves as an attention-grabbing element
• The effectiveness of the  hook  is defined by its ability to interest and motivate the jury to listen more closely 
• The hook should arouse interest but not be argumentative
• Story telling is at the heart of a good opening
• A story paints a vivid picture – walk jury through it with each witness
• Use active voice
• Use language that reinforces your themes
• Create interest but don’t tell everything
• The opening statement is not an argument
• Do not argue the facts or law
• Save arguments for closing
• It is OK to state and develop your theory of the case
• Stick with what the facts w ill show a nd what they will not show
• “The evidence will indicate that . . .
• “The facts will show that …”
• Use a few of these lines but not too many, don’t overdo it
• Everything you say should have a purpose
• Don’t ask questions during opening statements (it allows the jury to come up with answers you might not want)
• Do not waste your time on unimportant things or go into excessive detail  (may make the jurors lose focus)
• Use descriptive emotional content in describing the most important facts
• The more you repeat something the more it is remembered and believed
• If you say the evidence will show that  “Mrs. Smith did not run the red light,” the ‘not’ is lost.
• The jury remembers the phrase “ran the red light”
• Instead say the evidence will show “Mrs. Smith came to a complete stop at the signal.”
• The jury remembers “ came to a complete stop at the signal.”
• Use their names
• Depersonalize the opposition’s witnesses with language like ‘Defendant”   or  “Plaintiff”
• Don’t be shy to take on this role
• Refer to yourself   “The State of ___”   not just the  “prosecution.”
• “There are certain facts in this case that are not in dispute . . . “
• “The Defense/Prosecution have agreed . . .”
• “The parties have agreed that . . . “

Performance and Style

Body language is a very powerful tool. We had body language before we had speech, and apparently, 80% of what you understand in a conversation is read through the body, not the words. – Deborah Bull, English dancer, writer, and broadcaster

• Practice, practice, practice
• Find your focus, energy and commitment
• Memorize content, movement, inflections, and gestures 
• This will maximize the points you will get
• Use them sparingly
• Use a legal pad or clip board so they do not flop around 
• Look them in the eye
• Educate  them about the case
• Move closer (5-10 ft.) but not too close
• Be natural to keep their attention
• Example: A prosecutor might want to be more forceful whereas a  defendant might want to evoke sympathy
• Use legal terminology sparingly
• Maintain upright body posture (do not slouch)
• Keep shoulders back to show confidence
• Stay balanced
• If you move, make the movement coincide with transitions between points
• Try not to change position more than 7 times in 5 minutes
• Try not to fidget or have unnecessary gestures or body movements
• Use gestures to create interest and drama
• Gestures include the give, the show, the tell, and s ignposting
• If you are the prosecution and point to the defendant it will be using a harder accusatory “tell” gesture with a pointed finger
• If you are pointing to your own witnesses it will be using an inviting open handed “give” gesture  
• Act professional and confident – even if you are nervous

Preparation Sheet

Opening statement preparation sheet, professor rose teaches opening statement, how to deliver an opening statement (for defendant) - mock trial university, opening statement – university of south carolina mock trialopening statement by student, opening statement and closing argument, judge david barker.

Opening Statements and Closing Arguments: Making Your Case: Famous (and Infamous) Cases

• Famous (and Infamous) Cases
• Research Guides & Organizations
• Journals and News
• Westlaw and Lexis
• Print Resources
• Video and Audio Resources
• Evaluating Internet Resources
• Famous Trials Collection of original essays, trial transcripts and exhibits, maps, images, and other materials relating to the greatest trials in world history.

Opening Statements

1868: Impeachment of President Andrew Johnson

• Opening Statement by Benjamin Butler for the House of Representatives
• Opening Statement of Benjamin Curtis for President Johnson

1873: Trial of Susan B. Anthony

• Opening Statement by U.S. District Attorney Richard Crowley
• Opening Statement by Hon. Henry R. Selden for the Defense

1893: Trial of Lizzie Borden

• Opening Statement by A. J. Jennings for the Defense

1945: Nuremburg Trials

• Opening Statement of Justice Robert H Jackson
• Opening Statement by Brigadier General Telford Taylor in the Doctors Trial

1987: Trial of Bernhard Goetz

• Opening Statement for the Defendant by Barry Slotnick
• Opening Statement for the Prosecution by Gregory Waples

1997: Trial of Timothy McVeigh 

• Opening Statement of the Prosecution
• Opening Statement of the Defense

2006: Trial of Zacarias Moussaoui

• Opening Statement by U.S. Attorney Robert Spencer
• Opening Statement by Defense Attorney Edward MacMahon

Closing Arguments

• Closing Argument of Thaddeus Stevens for the House of Representatives  
• Closing Argument of Attorney General Henry Stanbery for President Johnson

1907: Trial of Bill Haywood (labor leader)

• Summation by the Prosecution
• Summation of Clarence Darrow

1911: Triangle Shirtwaist Factory Fire

• Closing Argument of Charles S. Bostwick for the Prosecution
• Closing Argument of Max D. Steuer for the Defense

1921: Black Sox Trial

• Excerpts of Closing Arguments

1921 Sacco and Vanzetti Trial

• Closing Argument of Frederick G. Katzmann for the Prosecution
• Closing Argument of Fred Moore for the Defense
• Closing Argument of Jeremiah J. McAnarney for the Defense

1924: Trial of Leopold & Loeb

• Robert Crowe's Summation for the State
• Clarence Darrow's Summation for the Defense

1946: Nuremburg Trials

• Closing Argument of Justice Robert Jackson

1969-70: "Chicago 8" Trial

• Closing Argument for the Prosecution by Thomas Foran
• Closing Argument for the Defendants by William Kunstler

1970-71: Trial of Charles Manson

• Closing Argument for the Prosecution by Vincent Bugliosi

1995: O.J. Simpson Trial

• Closing Argument of Johnnie Cochran
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• Last Updated: Sep 28, 2023 12:17 PM
• URL: https://libraryguides.law.pace.edu/opening

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How to Write an Opening Statement

Last Updated: April 2, 2024 Fact Checked

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 804,255 times.

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their 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.

Preparing to Write

• Present a clear picture of the case . Your opening statement is one of the only times at trial you will be able to tell a complete, uninterrupted story. 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 . You want the jury to be engaged and interested in the case. If they are not, you may find your jury getting bored and becoming inattentive during your presentation of witnesses and evidence.
• Build rapport with your jurors . 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.

• Discuss the facts of your case . Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are. 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.
• Avoid arguing during your opening statement .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. 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.
• 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. 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.

Writing Your Opening Statement

• 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."

• 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." [9] 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." [11] X Research source

Practicing Your Opening Statement

• 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.

Writing Help

Expert Q&A

• Be confident and deliver the opening statement you prepared and practiced. Thanks Helpful 2 Not Helpful 0
• 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. Thanks Helpful 0 Not Helpful 0

• 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. Thanks Helpful 11 Not Helpful 5

You Might Also Like

• ↑ https://www.americanbar.org/groups/litigation/resources/newsletters/trial-evidence/five-tips-engaging-opening-statements/
• ↑ https://www.law.indiana.edu/instruction/tanford/web/reference/04open.pdf
• ↑ https://www.americanbar.org/news/abanews/publications/youraba/2017/july-2017/10-tips-for-effective-opening-and-closing-arguments/
• ↑ https://www.americanbar.org/groups/litigation/resources/newsletters/trial-evidence/tips-developing-effective-opening-statement/
• ↑ https://www.howtoseparate.ca/10-preparing-court/105-opening-statement

About This Article

To write an opening statement, start with your introductory remarks that summarize the case, state your theme, and intrigue the jurors. Then, go on to introduce your client, as well as any other witnesses involved in the case. Next, identify the main points of contention in the case and tell the jury your story of what happened from your client's point of view. You should also briefly mention any weaknesses in your case to lessen their impact when your opponent brings them up. Finally, conclude your opening statement by summarizing the theme of your case and asking the jury for a specific verdict. To learn how to rehearse and deliver your opening statement, scroll down! Did this summary help you? Yes No

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