How to Give an Effective Opening Statement at Trial

You may be headed to Small Claims Court with a matter where you are representing yourself. At the start of every trial, each party is given the opportunity to make an opening statement. Many litigants get this confused with telling their side of the story. An opening statement is where you would stand up and tell the judge why you are making the claim you are making, why you believe someone owes you money or why you believe that you do not owe what is alleged. You list only facts and do not go into the merits of the claim. Here are a few guidelines to follow so that you can give an effective opening statement.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Pen and paper
• List of evidence and witnesses

1. Find out what an opening statement is by reading the court procedures or by getting legal advice.
2. Be prepared. Write down all your points ahead of time so that you can tell them to the judge in a chronological order. You shouldn’t read them, but you can use them as a reference in case you get nervous and forget what you should say. You might say something like, “I believe that Mr. X owes me $5,000 for a car that he purchased from me with a check that went NSF which he never honored. I have documents to prove that this money was never paid.” Keep it simple.
3. Know that you will not present any evidence at this time. This is just giving the judge a heads up on what your claim is about.
4. Respect to the judge means a lot so make sure you stand up straight when you are giving your opening statement and begin by thanking the judge for this opportunity to speak.
5. Keep your words to the point and simple and do not make any allegations or accusations towards the other party, even if you believe that they are all those things you’re thinking. Keep yourself as professional as possible.
6. Sit quietly when the other party is giving their opening statement and do not make any comments or mutterings even if you believe they are lying about their claim as this will greatly affect your credibility before the judge.

Tips & Warnings

• When you are clear and precise in your opening statement, not only do you show the Court that you are competent in your presentation, but you also establish a confidence in yourself to continue.