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Jury Instruction - Preliminary Instructions Before Opening Statements...

Queens New York Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form

Name: Queens New York Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form
Brand: US Legal Forms
Rating: 4.59 (474 reviews)

Category:

Federal - Jury Instructions - Trial Instructions

State:

Multi-State

County:

Queens

Control #:

US-11CRT-1-1

Format:

Instant download

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Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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How to fill out Queens New York Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form?

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Opening Statement Checklist 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.

The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.

Summary: Preliminary substantive jury instructions are instructions provided to jurors at the start of a trial, before the presentation of evidence by the parties, on the elements of a claim or defense.

Going Deeper: Ways to Improve the Opening Statement: Keep revising your opening until it is exactly as you want it.Consider a hook in the introduction.Tell a good story.Do not argue the case.Use future tense when talking about what the evidence will show.Stay in control of the picture you paint in the jury's mind.

Generally, the party who bears the burden of proof (plaintiff in a civil case or prosecution in a criminal case) begins the opening statements, followed immediately after by the adverse party (defendant).

Following the opening statements, the attorney for the plaintiff presents evidence. Thereafter, the defendant may or may not choose to present evidence as he or she sees fit. Evidence falls into 2 classes: testimony and exhibits. Testimony consists of statements made by witnesses under oath.

An effective opening statement is built around a theme that can be summed up in a simple word or phrase or in a single sentence. The theme developed should be straightforward, clear, and designed to catch and hold the jury's attention. It should get directly to the heart of the dispute.

Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case.

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Thank you for being here today to participate in the work of the New York State courts. As grand jurors, you now are a part of our criminal justice system.Many litigators recognize the benefits of giving jurors a set of substantive jury instructions before opening arguments. 4 PROPOSED PRELIMINARY INSTRUCTION NO. 2 Order of trial The case will proceed as follows: First, the lawyers for each side may make opening statements. Need help filling out court forms? They set the ground rules of what to expect for the duration of the trial. Brief for DefendantAppellant before the Appellate Division . Each of these books is a must read for. They approach a final version of the jury instructions.

Queens New York Jury Instruction - Preliminary Instructions Before Opening Statements - Short Form

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