How to Do an Opening Statement for Civil Court

The opening statement in a civil trial is your opportunity to tell the jury what the case is going to be about and what you will present to them to convince them to find in your favor. The party with the burden of proof, the plaintiff in a civil case, will present her opening statement first. An opening statement may mention facts that you intend to prove by evidence that will be admitted during the trial but may not be argumentative.

Instructions

1. Decide what your theory of the case will be. An opening statement is a chance to tell the jury what you believe happened and what you intend to prove by the evidence and testimony that you will present during the trial.

2. Reduce your opening statement to writing. Some lawyers draft a word-for-word opening statement while others simply write out an outline with the important points they will discuss.

3. Rehearse the opening statement as many times as necessary to become comfortable with what you intend to say. Practice in front of friends or family.

4. Engage the jury when you deliver the opening statement. The opening statement is your first opportunity to sway the jury to your point of view. The opening and closing statements are when you may address the jury directly so take advantage of that time to relate to the jury members.

References

• The Law Offices of Miler and Zois: Opening Statement Examples
• American Bar Association: Steps inrial Opening Statements