Jury Opening Statement
OPENING STATEMENTS
- many lawyers consider this the most crucial part of the trial
- After opening statements, a case unfolds in bits and pieces and not necessarily in any organized manner
- research shows that many jurors form strong opinions after opening statements and interpret all of the subsequent evidence in light of those initial impressions
- prepare an opening statement that virtually cripples the opposition
- opening statements give an overview of what you expect to show through the witnesses and other evidence that will be introduced during the trial
- Goals of Opening Statements:
1. introduce the case theme to the court and jury
- the opening statement is like a preview or synopsis of what is to follow.
- take this opportunity …show more content…
will show)
- use vivid language when telling the story--make it real for the jury
- state the legal elements to be proven (go to the law library to find this)
- the plaintiff should anticipate and refute defendant's defenses
- question whether you want to bring up your case weaknesses--it might be good to take the sting out of the weakness right away if the weakness is to become an issue--but diminish the importance of the weekness (but never make it appear to be apology or show it as a debilitating aspect of the case).
- do not argue or state personal opinions (save arguments for closing arguments)--this is an "opening statement" not "opening argument"
- as for damages in a civil case, the plaintiff should describe the extensive injuries in detail--use vivid language to have the jury feel your client's pain and suffering--the defendant should express regret that the plaintiff was injured, but indicate that the injury was not his client's fault.
- detail must be provided in the body of your speech
- don't just say your client was driving carefully, but also state the facts supporting such a claim (have support for …show more content…
"I expect the defendant has done far worse than what we can prove here because the defendant really is a rotten guy")
- It is usually best to avoid summarizing or refuting the opposition's case, but it is often good to forewarn the jury to watch for certain attempts at counterpersuasion the other side will use against you (it inoculates the jury to be resistent to counterinfluence by first exposing the jury to the arguments involved)
- many lawyers consider this the most crucial part of the trial
- After opening statements, a case unfolds in bits and pieces and not necessarily in any organized manner
- research shows that many jurors form strong opinions after opening statements and interpret all of the subsequent evidence in light of those initial impressions
- prepare an opening statement that virtually cripples the opposition
- opening statements give an overview of what you expect to show through the witnesses and other evidence that will be introduced during the trial
- Goals of Opening Statements:
1. introduce the case theme to the court and jury
- the opening statement is like a preview or synopsis of what is to follow.
- take this opportunity …show more content…
will show)
- use vivid language when telling the story--make it real for the jury
- state the legal elements to be proven (go to the law library to find this)
- the plaintiff should anticipate and refute defendant's defenses
- question whether you want to bring up your case weaknesses--it might be good to take the sting out of the weakness right away if the weakness is to become an issue--but diminish the importance of the weekness (but never make it appear to be apology or show it as a debilitating aspect of the case).
- do not argue or state personal opinions (save arguments for closing arguments)--this is an "opening statement" not "opening argument"
- as for damages in a civil case, the plaintiff should describe the extensive injuries in detail--use vivid language to have the jury feel your client's pain and suffering--the defendant should express regret that the plaintiff was injured, but indicate that the injury was not his client's fault.
- detail must be provided in the body of your speech
- don't just say your client was driving carefully, but also state the facts supporting such a claim (have support for …show more content…
"I expect the defendant has done far worse than what we can prove here because the defendant really is a rotten guy")
- It is usually best to avoid summarizing or refuting the opposition's case, but it is often good to forewarn the jury to watch for certain attempts at counterpersuasion the other side will use against you (it inoculates the jury to be resistent to counterinfluence by first exposing the jury to the arguments involved)