Making Opening Statements

What is an Opening Statement? -A statement that introduces your case - It is the most crucial part of the trial! -An opportunity to build a strong impression to the jury -Many jurors form strong opinions after hearing the opening statement -An overview (preview) of how you will prove your case -Briefly introduce your witnesses and evidence

What should be included: Short summary of the facts The case theme What will be proven What law is applicable Who will stand as witnesses and why you will bring them out

How to make an effective opening statement -Draw attention of the jury with an emotional story -Make the jury care!! (personalize your statement) -Put your entire story into a compact package -Smoothen out the flow of your story. The jury needs to know where you’re going.

Format of the Opening Statement Intro, body, conclusion Chronological order with a beginning, middle, and end Only “ facts ” are stated, not arguments

Introduction Introduction of case theme Summary of the facts Introduction of key persons Who, What, Why, When, Where, How …And don’t forget to personalize!

Examples of Case Themes -This is a case about taking chances -This is a case about a company that refuses to do business the American way -Everything that happened here happened because of greed and revenge. That's what this case is all about -This is a case about police brutality -This is a case about an innocent man wrongly accused -This case is about taking responsibility for wrongful actions -Greed and misfortune leads us here today -Unjust blame of the innocent is why we are here today

Introducing the Case Theme “ Ladies and gentleman, this is a case regarding negligence- specifically contributory negligence. This means every person in all situations has a duty to exercise ordinary care for his or her own safety and take precautions to avoid injury to oneself. The failure to do so is negligence.”

Summary of Facts “ On the day of that accident, Cary was dropping Sam off at Karate and was heading toward his job at Napoli Palace Pizza. But all of a sudden, before he knew it, a child came running out on to the road. This happened so quick that Cary had no time to respond. One minute, two kids were standing still on the median, the next minute one of them was running in front of the car. He hit the brakes immediately but the child was unavoidable.”

Stating Facts Bad example: “ Cary Driver negligently drove at an excessive rate of speed. ” Good Example: “Cary Driver was driving at 35 miles per hour."

Personalize Your Case! “ Cary Driver is a father of two children, Sam and Pat. Ever since his ex-wife left for another man in the middle of the night, he has been raising his children all on his own. His ex doesn’t pay the maintenance nor the child support as she was ordered to by the judge. So, Cary Driver had to work two jobs to support his children. Now, we all know that living as a single parent and raising children all on your own is not a simple task, especially if you’re a single father. But Cary was managing very well. He was doing the best he can to be a good father for his young children.”

Body Introduce your evidence, witnesses State the legal elements to be proven (especially for plaintiff lawyer)

Body example “ We will bring out witnesses to prove to you that Reggie Dunlop was also negligent. Not considering the potentials dangers of the road, and not giving the right of way to the driver, Reggie was exposing himself to great risk. Reggie didn’t listen when his friend shouted at him to “watch out.” Nor did he listen to the bus driver when he told them to be quiet in the bus. […] With his spirit high from then on, Reggie didn’t pay attention to anything except for the toy on the other side of the street.”

Conclusion Simply and directly reiterate your top facts State that the truth will show a verdict for your client

Conclusion “ Cary Driver had never been in an accident in his life. This accident being his very first, has really shaken him and he has been seeing a therapist since. He has nightmares about Reggie and he feels sorry for Reggie’s injury. He wishes it never had happened. But now he is faced with the compensation for damages for everything that had happen to Reggie. Whether or not he can afford it is a secondary matter. But should he be charged with the entire cost of damage for an accident in which the plaintiff was also negligent? It is up to you to decide whether Cary should take all the blame.”

Tips on presenting… Confidence! Eye contact Use future tense Don’t read. Speak naturally~ Avoid exaggerations and overstatements

Writing Your Opening Statement Adopt a case theme Get the attention of the jury Good storytelling (clear and specific) Introduce your evidence/ witnesses Summarize your key facts Show your confidence!