How to Prepare an Opening Statement
Many people consider the opening statement to be one of the most important parts of a trial. It is used to introduce the case and the evidence that will be presented during the trial. The opening statement should be the jury's first exposure to the details of the case, so it's imperative to prepare properly before the trial begins.
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Instructions
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Practice delivering your opening statement with confidence and enthusiasm. Prepare rhetorical questions to ask the jury members that will encourage them to analyze the key issues of your case. Though you should avoid sounding overly rehearsed when you deliver your opening statement, practicing may help you address the jury with conviction and passion.
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Organize your opening statement carefully to highlight only the most important facts of the case, repeating them at the beginning and the ending of your argument. Avoid focusing on specific details of the evidence, and try to stress the facts that will be proven by each of the major testimonies or exhibits. Introduce the names of the witnesses, and explain why they have been asked to testify.
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Address any weaknesses in your side of the case. Acknowledging the weak points of your argument will suggest to the judge and jury that you are honest, which is likely to boost your credibility. If you are frank about these weaknesses, you may lessen the impact of your opponent's opening statement concerning these points.
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Discuss the flaws in your opponent's case briefly during your opening statement. Use a short amount of time to pose specific questions about the validity of the evidence that will be presented by your opponent. You will have plenty of time to address these flaws in detail, but it's a good idea to prepare the jury to view this evidence with your arguments already in their minds.
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Walk around the courtroom as you speak, if allowed by the judge, to show the jury that you are comfortable yet energetic. Avoid using notes during your opening statement, assuring the jury that you have taken the time to prepare and that you are very knowledgeable about the facts of the case.
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Tips & Warnings
As you prepare an opening statement, keep in mind that it is not meant to be argumentative or overly suggestive. It is simply intended to introduce the facts of the case to the judge and jury.
