Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form
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FAQ
The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.
In many jurisdictions, jury selection begins with the court clerk's calling twelve people on the jury list and asking them to take a place in the jury box. The judge usually makes a brief statement explaining what kind of case is to be tried and inquiring whether there is any reason the potential jurors cannot serve.
Conclude your opening by telling the jury what you would like them to do at the end of the case: I just ask that you please keep an open mind about this case until you hear all of the evidence. I also ask that you return a verdict of not guilty for the defendant, Officer Dally. Thank you for your attention.
This is a case about taking chances. Mary Jones had a dream and a plan. Revenge. That's what this case is all about. This is also a case about pain. Mr. Johnson's only companion today is constant pain. This is a case about police brutality
State your theme immediately in one sentence. Tell the story of the case without argument. Persuasively order your facts in a sequence that supports your theme. Decide whether to address the bad facts in the opening or not. Do not read your opening statement. Bring an outline, if necessary.
They ask everyone to stand up to show respect for the Judge, the court and the law by saying: All rise. This court is now in session. Judge comes in, sits down and tells everyone else to be seated. Judge tells everyone what the trial is about.
The opening statement at the beginning of the trial is limited to outlining facts. This is each party's opportunity to set the basic scene for the jurors, introduce them to the core dispute(s) in the case, and provide a general road map of how the trial is expected to unfold.
The primary purpose of an opening statement is to apprise the trier of fact, whether jury or court, of the issues in question and to summarize the evidence that the party intends to offer during the trial.