Opening statement
Opening statement
A.DefinedOpening Statement is generally considered to be limited toa factual outline of the case to be presented. Its function isto provide an overview of the case so that the fact-finder /decision-maker will be better able to remember the facts incontext as they comeinto evidence through the witnessesanddocumentary evidence.However,most experiencedtrial lawyers also consider the Opening Statement as thefirst - and best - opportunity to orient the decision-makerto the emotional appeal of their case. They intend that, bythe end of their Opening Statement, the decision-makerwill have an inclination, whether conscious orsubconscious, that right and justice lie on their side of thecase
• A. Defined • Opening Statement is generally considered to be limited to a factual outline of the case to be presented. Its function is to provide an overview of the case so that the fact-finder / decision-maker will be better able to remember the facts in context as they come into evidence through the witnesses and documentary evidence. However, most experienced trial lawyers also consider the Opening Statement as the first - and best - opportunity to orient the decision-maker to the emotional appeal of their case. They intend that, by the end of their Opening Statement, the decision-maker will have an inclination, whether conscious or subconscious, that right and justice lie on their side of the case
B.Techniques1.Always startwitha statementof yourThemeandTheory.Those elements summarizethefirst impressionthat you want your case to make on the decision-maker. This first moment of attention is not a time towaste onblandobservations like,"Thisis arathersimple case," or, "You will hear a lot of evidence todayonboth sides of the issue..."Instead,tell the fact-finders with the first words out of your mouth whythey should view the case in your side's favor
• B. Techniques • 1.Always start with a statement of your Theme and Theory. Those elements summarize the first impression that you want your case to make on the decisionmaker. This first moment of attention is not a time to waste on bland observations like, "This is a rather simple case," or, "You will hear a lot of evidence today on both sides of the issue .” Instead, tell the factfinders with the first words out of your mouth why they should view the case in your side's favor
2.ln the body of your opening statement, keep thefactual summary simple and confined to the essentialfacts. The decision-maker cannot memorize the entirecase throughan oral presentationbeforeshehas metand assessed the participants. Instead, she needsthefacts in outline form so that she can categorize andorganize the facts as she hears them through thepresentation of evidence. The clearer an outline yougive, the better able the decision-maker will be torememberyourside'sfacts
• 2.In the body of your opening statement, keep the factual summary simple and confined to the essential facts. The decision-maker cannot memorize the entire case through an oral presentation before she has met and assessed the participants. Instead, she needs the facts in outline form so that she can categorize and organize the facts as she hears them through the presentation of evidence. The clearer an outline you give, the better able the decision-maker will be to remember your side's facts
3.Make the opening statement factual, instead ofargumentative. It is more persuasive to describe yourcase using vivid facts than to attempt to persuade, atthe outset of a case, by arguing inferences,conclusions, or appeals to sympathy, emotion, or callsfor justice. Those argumentative and oratorical devicesare reserved for Closing Argument. (The initialstatement of Theme and Theory is argumentative, butis generally considered a permissible deviation fromthe rule against argument.)
• 3.Make the opening statement factual, instead of argumentative. It is more persuasive to describe your case using vivid facts than to attempt to persuade, at the outset of a case, by arguing inferences, conclusions, or appeals to sympathy, emotion, or calls for justice. Those argumentative and oratorical devices are reserved for Closing Argument. (The initial statement of Theme and Theory is argumentative, but is generally considered a permissible deviation from the rule against argument.)