1. Opening Statements

2. Purpose of an opening statement
When does the opening statement occur at trial?
Who delivers it?
Who is the attorney addressing?
Which side goes first?
What does an opening statement do?
What is included in an opening statement?
Evidence
Character descriptions of people involved
Important facts
Important legal elements (level of proof)

3. Theory Your side’s version of “what really happened” Logical
Fit the legal requirements of the claims or defenses
Be simple to understand
Be consistent with the jurors’ common sense and their perception of how real life works

4. Theme Memorable word or phrase that summarizes your theory
Emotionally compelling
Incorporate jurors sense of fairness and universal truths
Simple
Focus on people, not issues
Should translate “legalese” into simple, compelling, human propositions that are consistent with the attitudes jurors already hold about people, events, and life in general.

5. Theme: Examples Murder/Self Defense case:
Defense 1: With her back up against the wall and her roommate threatening to kill her, Ms. Pool had run out of options.
Prosecution 1: Emily Pool took the law into her own hands.
Defense 2: Facing death, Emily Pool did what all living things are instinctively programmed to do…she defended herself.
Counterfeit case – missing “other suspect”:
Defense: Eryn Ely had the perfect cover: A trusting roommate with the same initials

6. What to Do? Anticipate the other side’s weakness Tell a story
Focus on the people, not the problem.
Who are the important players?
Personalize your party
Make the story vivid.
Re-create the incident.
Make it emotional and dramatic
KEEP IT SIMPLE.
Be logical and concise.
Walk the jurors through the events in chronological order.
Anticipate the other side’s weakness

7. What NOT to do? Don’t overstate the evidence
Don’t include your personal opinions
Don’t argue -at least not in an obvious way 

8. “By the Book” Outline Introduction
Parties – introduce essential people
Scene – paint a picture for the jury
Issue – what is the main issue?
What happened – get the jury to believe your side of the story
Basis of guilt/non-guilt – why your side should win
Anticipating and refuting the other side
Conclusion - Simply and directly tell jury that facts of the case will support his/her side, and ask for a verdict.

9. My Standard Outline
Grabber beginning – quick summary of theme/theory that draws jurors in
Introduction – who are you and who do you represent? (or do this first)
Facts/Witnesses – Tell the story
Paint the scenes and introduce the players as they come up
Short close – return to/restate your theme
Charge the jury – tell them what you’re going to ask them to find

10. Theme: Examples Libel/Slander case: Murder/Self Defense case:
Defense: Lukas Reiter was caught red-handed, and now he wants someone else to pay for his affair.
Plaintiff: Richard McKyton made a jealous jump to conclusions.
Murder/Self Defense case:
Defense 1: With her back up against the wall and her roommate threatening to kill her, Ms. Hughes had run out of options.
Prosecution 1: Pat Hughes took the law into her own hands.
Defense 2: Facing death, Sarah Baker did what all living things are instinctively programmed to do…she defended herself.
Counterfeit case – missing “other suspect”:
Defense: Reggie Jefferson had the perfect cover: A trusting roommate with the same initials.
Negligence:
Defense: It is every driver’s worst nightmare. A small child darts into the road.