Writing an Opening Statement

1. Create a Theme. Good opening statements are structured around a theme, like a story with a moral, or a group of connected words. This theme should be repeated throughout the opening statement. Some such themes are: “rage, revenge, and retribution” or “fairness, equity, and justice,” or “family, fame, and fortune.” The stuff values are made of.

2. Start strong by telling your story. A good opening starts with either a story, or an appeal to the jury’s emotions. They need to remember that this case is about real people. This is also the first time you will talk to the jury, so remember the jury knows nothing, no fact or event. Nothing should be assumed to be understood by the jury. You are obligated to tell them everything you need them to know.

3. Explain what you are going to prove. The jury needs to know what to look for during the trial. Therefore, you should explain your burden of proof in the opening statement and talk about what you are going to prove; Offer a theory to what happened.

4. Introduce your evidence and witnesses. Talk about your three witnesses and what you know they will say. Talk about the evidence you will bring forth. Do not try to anticipate what the other side’s witnesses will tell you, or what evidence they might bring out, because they might not do what you expect. (Stay with your case, you will get the chance to rebuttal opposing wittiness and evidence in your closing argument.)

5. Organization is crucial. Make it easy for the jury to follow you. Your opening can be organized chronologically, by evidence, or by witnesses. (First, this witness will tell you… Then, this witness will tell you….,).

6. Do not argue. You are not allowed to argue during an opening statement. To avoid this infraction introduce your evidence with phrases like “The evidence will show,” “This witness will tell you,” “You will hear,” “The facts will show.” (Do not draw conclusions about the evidence; conclusions will be the meat of your closing argument.) Remember: To offer a theory of what happened is a statement, to claim something happened is an argument.

7. End big. This is the last thing they will remember. Speak of how confident you are about the case; assure them you will make it easy for them to find in your favor. Tell the jury what you expect from them. “I need you to bring back a guilty verdict to the charge of . . .” Punch home your theme one last time. Never be afraid of being repetitive, especially if your refrain is biting.

Say it like you believe it. Say it like it’s the most important thing in your world.