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Short, sweet, and specific: Effective openings and closings in oral argument

By Kyle R. Kroll

The first impression is the last impression.” It’s a familiar phrase and one that underscores the importance of oral argument. Briefing is usually the first opportunity to make an impression, but appearing before judges in person is often more influential. The opening volley of your oral argument is crucial. But the last impression can be just as important as the first. As the saying goes, “You never win at oral argument, but you certainly can lose.” Your closing lines are therefore mission-critical as well.

What are the hallmarks of a strong opening and closing in oral argument? Most scholarship about oral advocacy focuses on the middle of the argument—the substance. And there is little advice regarding how to make a powerful and persuasive beginning and end. 

To address this information gap, this article surveys just some of the great oral advocates from Minnesota and elsewhere. A review of openings and closings from these greats reveals three key insights: keep it short, sweet, and specific. 

Openings: Theme and roadmap—briefly

Justice Ruth Bader Ginsberg led with the following piece of advice in remarking on advocacy: “Be brief, be pointed.” 1 For openings, this typically means beginning with a thematic statement and a roadmap of your main points. 2  

The thematic statement should remind the court of the nature of the case and reiterate your client’s story. And the roadmap should introduce  no more than three key points you wish to make. As one practitioner put it: “Write out an introduction that, from the very first sentence, captures the panel’s attention, frames the appeal and the issues, and presents a compelling narrative why your client should prevail….” 3 It’s important that the theme not overshadow the roadmap, however. 4 Although some scholars suggest completing the roadmap in 30 seconds—because sometimes that’s as much time as you will have before an interruption 5 —anything up to 60 seconds should suffice.  

Take, for example, this effective opener in Romag Fasteners, Inc. v. Fossil , Inc. , from one of the most prolific appellate attorneys in U.S. Supreme Court history, 6 Lisa S. Blatt:

The Lanham Act authorizes courts to remedy trademark violations by awarding infringers profits subject to the principles of equity. The question presented here is whether this phrase, “principles of equity,” requires trademark owners to prove willfulness as an absolute precondition to profit awards. The answer is no for three reasons: First, the phrase “principles of equity” signifies a multifactor analysis where no one factor is controlling. Second, the statutory text and structure supersede any settled willfulness requirement. And, third, there was no such settled background willfulness requirement. 7

To avoid an interruption and ensure you make your key points, consider former U.S. Solicitor General Paul D. Clement’s succinct opening in United States Forest Service v. Cowpasture River Preservation Association :

Respondents’ effort to convert all of the land traversed by a Park Service-administered trail into lands in the National Park Service fails for reasons of text, context, and consequences. 8

Clement’s very short roadmap identifies three key points (text, context, and consequences), while promoting the narrative that the respondent is trying to convert private into public land. 

Sometimes it is best to focus the inquiry on the single most dispositive and pressing issue, just as future Chief Judge John R. Tunheim (District of Minnesota) did in Growe v. Emison :

Redistricting is a power and responsibility that is reserved to the states in the first instance. This case presents the Court with an opportunity to illuminate that important principle and clarify the apparent confusion in the lower federal courts. I intend to direct my argument this morning to the abstention issue: Did the federal court err by refusing to abstain to an ongoing state judicial proceeding? And the case presents perhaps one of the most stark examples of what can go wrong when there are jurisdictional disputes in the redistricting process. 9

Nicole A. Saharsky (a University of Minnesota Law School graduate and also one of the most prolific attorneys to argue in front of the U.S. Supreme Court) 10 offered a shorter and sweeter opener on a key issue in DePierre v. United States :

Whether you call it freebase, coca paste or crack, it’s the same thing chemically. It is cocaine base, it is smokeable, it has the same effects on the user; and Congress did not limit the statute to one form of cocaine basis. This court should not do it, either. 11

Aaron Van Oort focused the Court in on a dispositive issue after opening with a strong thematic point and summarizing the compelling facts: 

This case tests and exceeds the very outermost limits of what a person may be insured against under Nebraska law. In 2006, Commander David Kofoed of the Douglas County CSI unit committed the reprehensible act of planting false blood evidence against two innocent men in a murder investigation. For this criminal misconduct he was both convicted of a class four felony and it resulted in the civil judgments that are underlying this proceeding. In this appeal, the plaintiffs are arguing on his behalf—Commander Kofoed—that he has insurance coverage for the damages arising out of his wrongdoing, even for the punitive damages that were awarded against him. That’s incorrect under Nebraska law because Nebraska affirmatively forbids its political subdivisions like Douglas County, his employer, from paying civil judgments that arise out of criminal wrongdoing, whether they do it through insurance or otherwise. 12

In each of these examples, the advocate’s winning opening was short, sweet, and specific. The openings usually include one or more thematic sentences. Theme appeals to ethics and morality, while the roadmap that introduces the key points appeals to logic. These advocates strive not only to show the court that their positions are right, but also that their clients are in the right .  Sometimes the advocates focus on one key issue, but where there is more than one, they often use signposts (“first,” “second,” “third”) to provide verbal organization in their roadmap. The opening roadmaps are short, even though they often paint a clear picture with salient facts or legal principles. Notice also the use of vivid and concrete language—the “sweet” part of the opening that often grabs attention. Further, the openings either implicitly or explicitly call for the court to make a certain holding (reverse, remand, etc.). Short, sweet, and specific. 

Closings: Make a compelling point, and tell the court what you want

Closings should also be short, sweet, and specific. Admittedly, advocates often have little—or no—time for a planned closing. Questions that arise during oral argument regularly fill up that space, and the lawyer runs out of time, only to offer a short “Thank you” at the end. But when time permits, the greats include closings that are short, sweet, and specific. 

For example, in Weinberger v. Wiesenfeld , future Justice Ruth Bader Ginsburg offered this concise and compelling closing: 

In sum, appellee respectfully requests that the judgment below be affirmed, thereby establishing that under this nation’s fundamental law, the woman worker’s national social insurance is no less valuable to her family than is the social insurance of the working man. 13  

Justice Ginsburg’s closing is a model of short, sweet, and specific. She concisely boils down the issue on appeal to a clear ultimatum. She asks for specific relief: that the judgment be affirmed. The Court agreed. 

Appeals to bedrock principles—a version of “sweet”—are common among the greats. Eric J. Magnuson, in Padden Law Firm, PLLC v. Bridget Trice, appealed to core principles of client autonomy and choice:

Mr. Padden got the case in the door, he got some lawyers to handle it, and then he disappeared. And at the end of the day, he wants to get his full 30 percent contract because, if you read their brief, a contract is a contract. It’s not when it comes to attorneys’ fees. Not under Minnesota law. Judge Montgomery did the right thing by honoring the client’s wishes. This was a decision by Bridgett Trice and Quincy Adams, that they wanted the lawyers who really got them their recovery to be appropriately rewarded. They have the right as clients to do that, and if you’re going to worry about public policy, the public policy should be in recognizing the client’s interests and protecting those interests. Thank you. 14

Like openings, the best closings share short, sweet, and specific qualities. Effective closings don’t belabor points, but instead reiterate the key points in simple and motivational terms. Prolific advocates inject personal style into their delivery. They include strong themes and narratives that appeal to ethics, morality, and justice. And they implicitly or explicitly ask the court to take a certain action, leaving little room for ambiguity. 

There is no one-size-fits-all approach to success in oral argument. But these winning examples provide useful guidance to practitioners. Keeping openings and closings brief, compelling, and on-point are key ingredients in making a lasting and persuasive impression. 

KYLE R. KROLL is an adjunct professor at the University of Minnesota Law School and an attorney at Winthrop & Weinstine, P.A. in Minneapolis, where he practices business litigation at both the trial and appellate levels. The views expressed in this article are those of the author alone, and not of any other person or organization.

The author expresses special thanks to Miriam Solomon for her research assistance and contributions to this article.

1 Ruth Bader Ginsburg, Remarks on Appellate Advocacy, 50 S.C.L.R. 567, 571 (1999).

2 See Stephanie A. Vaughan, Experiential Learning, Moving Forward in Teaching Oral Advocacy Skills by Looking Back at the Origins of Rhetoric, 59 S. Tex. L.R. 121 (2017); Sylvia H. Walbolt, Openings in Appellate Oral Arguments, Carlton Fields (3/22/2019). https://www.carltonfields.com/insights/publications/2019/openings-in-appellate-oral-arguments 

3 George W. Hicks, Jr. Oral Argument: A Guide to Preparation and Delivery for the First-Timer, KIRKLAND & ELLIS (8/16/2019). h ttps://www.kirkland.com/publications/article/2019/08/oral-argument_a-guide-to-preparation-and-delivery  

4 Emily R. Bodtke, Arguing at the Appellate Level, Bench & Bar of Minn., April 2017, at 35 (“[I]t is far better to use the limited time available to explain why the law supports a desired outcome, rather than pontificate about the wrongs committed against a client.”).

5 See Hicks, Jr., supra. 

6 See Marlene Trestman, Women Advocates Before the Supreme Court , The Supreme Court Historical Society (5/21/2021). https://supremecourthistory.org/women-advocates-beforethe-supreme-court/ 

7 Romag Fasteners, Inc. v. Fossil, Inc., Oyez, https://www.oyez.org/cases/2019/18-1233 (last visited 8/26/2021). For more information about this case, in which Ms. Blatt faced off against Mr. Katyal, see Kyle R. Kroll, Lanham Act Disgorgement Just Go More Complicated, Bench & Bar of Minn. (Dec. 2020), https://www.mnbar.org/resources/publications/bench-bar/columns/2020/12/01/lanham-act-disgorgement-just-got-more-complicated. 

8 United states Forest Service v. Cowpasture River Preservation Association, Oyez, https://www.oyez.org/cases/2019/18-1584 (last visited 8/26/2021).

9 Growe v. Emison, Oyez , https://www.oyez.org/cases/1992/91-1420 (last visited 8/26/2021).

10 See Tresman, supra.

11 DePierre v. United States , Oyez, https://www.oyez.org/cases/2010/09-1533 (last visited 8/26/2021).

12 Sampson v. Lambert, Nos. 17-1104, 17-1106, 17-1114, 17-1117 (8th Cir. 2018), http://media-oa.ca8.uscourts.gov/OAaudio/2018/2/171104.MP3 

13 Weinberger v. Wiesenfeld , Oyez, https://www.oyez.org/cases/1974/73-1892 (last visited 8/26/2021).

14 Padden Law Firm, PLLC v. Trice , Nos. 18-2451, 18-2576 (8th Cir. 2019) . http://media-oa.ca8.uscourts.gov/OAaudio/2019/10/182451.MP3

KYLE R. KROLL  is an adjunct professor at the University of Minnesota Law School and an attorney at Winthrop & Weinstine, P.A. in Minneapolis, where he practices business litigation at both the trial and appellate levels. The views expressed in this article are those of the author alone, and not of any other person or organization.

The author expresses special thanks to Miriam Solomon for her research assistance and contributions to this article.

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How to Write an Opening Statement

Last Updated: April 2, 2024 Fact Checked

This article was co-authored by Clinton M. Sandvick, JD, PhD . Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 799,866 times.

An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.

Preparing to Write

• Present a clear picture of the case . Your opening statement is one of the only times at trial you will be able to tell a complete, uninterrupted story. After your opening statement, the case will unfold in bits and pieces and may seem unorganized to the jurors.
• Arouse the interest of your jury . You want the jury to be engaged and interested in the case. If they are not, you may find your jury getting bored and becoming inattentive during your presentation of witnesses and evidence.
• Build rapport with your jurors . You want the jurors to like you, as you will ultimately ask them to decide the case in your favor. You want to speak to them as the intelligent people they are, and you want to be sincere in the beliefs you convey.

• Discuss the facts of your case . Your opening statement should be limited to a discussion of the anticipated evidence and what the main issues are. You must not exaggerate or misstate your evidence, you must not refer to inadmissible evidence, and you must not discuss matters that will not be a part of your own case.
• Avoid arguing during your opening statement .Because the point of your opening statement is to introduce the jury to your case, you do not want to turn your opening statement into a series of legal arguments. So long as you are assisting the jury in understanding your evidence, your comments should be permissible. However, once you begin asking the jury to make inferences, interpret facts in your favor, and/or resolve disputes, you are most likely making impermissible arguments.
• Avoid discussing the law in detail during your opening statement . Your opening statement can most likely have a brief introduction to the legal issues on which your case depends. However, you should avoid discussing how the law should be interpreted, and you should avoid applying any of the facts of your case to the law.

Writing Your Opening Statement

• Consider the following example: "On January 23, 2001, Chris McGuigan walked into Riverdale Hospital through the front door to have a minor operation to remove a growth on her arm. One week later, on January 30, she was carried out of the back door dead. What happened in that short week to turn a routine operation into a life and death struggle, and why it never should have happened, is what this case is all about."

• Consider this good example: "At 9:00, Jim McCutcheon left the steak house, and got into his car to head home. The car was in good condition, and Jim was alert, sober and not at all tired. He had drunk two beers with his dinner, but was still in full control of his faculties. He would not have driven if he had been feeling any effects from the beer. Jim won’t even drive with a cell phone on." [9] X Research source

• Look at this example to see how to effectively summarize your case and ask the jury for a verdict: "The bottom line is that the evidence will show that the defendant knew what he was doing when he killed Boyd Farnam. He killed Boyd for revenge - an eye for an eye - because he blamed Boyd for the death of his daughter. The people of this state will therefore ask you at the close of the evidence to find him guilty of murder." [11] X Research source

Practicing Your Opening Statement

• Write your opening statement exactly as you want to present it;
• Reduce it to a general outline; then
• Reduce it one last time to a key word outline that you may or may not use during your opening statement itself.

Writing Help

Expert Q&A

• Be confident and deliver the opening statement you prepared and practiced. Thanks Helpful 2 Not Helpful 0
• Keep your opening statement short and sweet. Depending on the complexity of your case, your opening statement may be longer or shorter than 15 minutes. The closer you can get to a 15 minute opening statement, the better off you will be. Thanks Helpful 0 Not Helpful 0

• State and federal law will dictate exactly what can and cannot be said during an opening statement, so be sure to conform to the necessary rules when writing and delivering your opening statement. Thanks Helpful 11 Not Helpful 5

You Might Also Like

• ↑ https://www.americanbar.org/groups/litigation/resources/newsletters/trial-evidence/five-tips-engaging-opening-statements/
• ↑ https://www.law.indiana.edu/instruction/tanford/web/reference/04open.pdf
• ↑ https://www.americanbar.org/news/abanews/publications/youraba/2017/july-2017/10-tips-for-effective-opening-and-closing-arguments/
• ↑ https://www.americanbar.org/groups/litigation/resources/newsletters/trial-evidence/tips-developing-effective-opening-statement/
• ↑ https://www.howtoseparate.ca/10-preparing-court/105-opening-statement

About This Article

To write an opening statement, start with your introductory remarks that summarize the case, state your theme, and intrigue the jurors. Then, go on to introduce your client, as well as any other witnesses involved in the case. Next, identify the main points of contention in the case and tell the jury your story of what happened from your client's point of view. You should also briefly mention any weaknesses in your case to lessen their impact when your opponent brings them up. Finally, conclude your opening statement by summarizing the theme of your case and asking the jury for a specific verdict. To learn how to rehearse and deliver your opening statement, scroll down! Did this summary help you? Yes No

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Opening Statments

Opening statements.

Upson County Courthouse, Thomaston, Georgia, built in 1908 at a cost of $50,000 in the Neoclassical style.

“The opening statement outlines the case it is intended to present. The attorney for plaintiff delivers the first opening statement and the defense follows with the second. A good opening statement should explain what the attorney plans to prove, how it will be proven; mention the burden of proof and applicable law; and present the events (facts) of the case in an orderly, easy to understand manner.”  Mock Trial Material from State of Oregon v. Dulsa (2017-18 Season)

An opening statement is not an argument or a discussion of the law, but rather tells the jury what the evidence will show and serves as a road map for the jury to follow.  Objections by the opposing counsel are not permitted. 

What to know before drafting an opening statement

• Can you tell a brief story about what happened from your side’s point of view?
• What is your theory of the case?
• What are the key elements that have to be proved (by you or the other side)?
• What do you anticipate the evidence will show?
• What are the important facts your side’s witnesses will testify to?
• What themes (words and phrases that convey emotions) do you want to emphasize?
• Who has the burden of proof and what is it?
• What do you want the jury to do?
• How much time do you have? (usually 5 minutes)

Anatomy of an opening: the basics

• A typical introduction: “Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.”
• If they have already been introduced,  some attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.
• One or two sentences which tell the jury what your case is about
• “My client, Landry Lopez, was fired for reporting an illegal activity to his employer, the restaurant Buddies Burgers.”
•  “This case is brought under Oregon whistle blower law, which prohibits employers for retaliating against employees who have a reasonable belief that an illegal activity has occurred and report it. ” 
• Presented from your side’s  perspective
• Purpose is to give the jury the big picture 
• “The facts of this case are straightforward.  The evidence will show that on May 5, 2016, Landry Lopez saw . . .”
• “Under Oregon whistle blower law there are three elements that must be proven.   First . .”
• “We will call three witnesses: Landry Lopez, Sam Jackson, a former Buddies Burgers employee, and Tyler Erickson, a journalist student.”
• “Mr. Lopez will tell you that . . .”
• “Next, Plaintiff will call Ms. Jackson, a former BB employee . . “.
• “Finally you will the testimony of Tyler Erickson, who was with Mr. Lopez . . . “
• “ This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence.” (Explain briefly and illustrate with hands what a preponderance of the evidence means)
• “Oregon’s whistle blower law exists to protect, and encourage, employees to report illegal activity in the workplace. Mr. Lopez engaged in such whistle blower activity and was fired for doing so. “
• “For these reasons, after you have heard all the evidence, at the end of this trial we will ask you to return a verdict in favor of Landry Lopez.”
• “At the end of the trial the State of Oregon will ask you to find the Defendant guilty of . . . . .”
• “Based on the evidence you will hear, at the end of the trial the Defendant will ask you to return a verdict of not guilty

Going Deeper: Ways to Improve the Opening Statement:

• Substance and technique . . .  AND 
• Performance and style

 Substance and Technique

• Opening statements go through many edits and revisions 
• Seek out the input from others
• Try things out – if they don’t work,  don’t use them
• A hook is a sentence or very short paragraph in the introduction which serves as an attention-grabbing element
• The effectiveness of the  hook  is defined by its ability to interest and motivate the jury to listen more closely 
• The hook should arouse interest but not be argumentative
• Story telling is at the heart of a good opening
• A story paints a vivid picture – walk jury through it with each witness
• Use active voice
• Use language that reinforces your themes
• Create interest but don’t tell everything
• The opening statement is not an argument
• Do not argue the facts or law
• Save arguments for closing
• It is OK to state and develop your theory of the case
• Stick with what the facts w ill show a nd what they will not show
• “The evidence will indicate that . . .
• “The facts will show that …”
• Use a few of these lines but not too many, don’t overdo it
• Everything you say should have a purpose
• Don’t ask questions during opening statements (it allows the jury to come up with answers you might not want)
• Do not waste your time on unimportant things or go into excessive detail  (may make the jurors lose focus)
• Use descriptive emotional content in describing the most important facts
• The more you repeat something the more it is remembered and believed
• If you say the evidence will show that  “Mrs. Smith did not run the red light,” the ‘not’ is lost.
• The jury remembers the phrase “ran the red light”
• Instead say the evidence will show “Mrs. Smith came to a complete stop at the signal.”
• The jury remembers “ came to a complete stop at the signal.”
• Use their names
• Depersonalize the opposition’s witnesses with language like ‘Defendant”   or  “Plaintiff”
• Don’t be shy to take on this role
• Refer to yourself   “The State of ___”   not just the  “prosecution.”
• “There are certain facts in this case that are not in dispute . . . “
• “The Defense/Prosecution have agreed . . .”
• “The parties have agreed that . . . “

Performance and Style

Body language is a very powerful tool. We had body language before we had speech, and apparently, 80% of what you understand in a conversation is read through the body, not the words. – Deborah Bull, English dancer, writer, and broadcaster

• Practice, practice, practice
• Find your focus, energy and commitment
• Memorize content, movement, inflections, and gestures 
• This will maximize the points you will get
• Use them sparingly
• Use a legal pad or clip board so they do not flop around 
• Look them in the eye
• Educate  them about the case
• Move closer (5-10 ft.) but not too close
• Be natural to keep their attention
• Example: A prosecutor might want to be more forceful whereas a  defendant might want to evoke sympathy
• Use legal terminology sparingly
• Maintain upright body posture (do not slouch)
• Keep shoulders back to show confidence
• Stay balanced
• If you move, make the movement coincide with transitions between points
• Try not to change position more than 7 times in 5 minutes
• Try not to fidget or have unnecessary gestures or body movements
• Use gestures to create interest and drama
• Gestures include the give, the show, the tell, and s ignposting
• If you are the prosecution and point to the defendant it will be using a harder accusatory “tell” gesture with a pointed finger
• If you are pointing to your own witnesses it will be using an inviting open handed “give” gesture  
• Act professional and confident – even if you are nervous

Preparation Sheet

Opening statement preparation sheet, professor rose teaches opening statement, how to deliver an opening statement (for defendant) - mock trial university, opening statement – university of south carolina mock trialopening statement by student, opening statement and closing argument, judge david barker.

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Example Opening Statements

Below are opening statements  our lawyers have given at trial in personal injury and wrongful death cases.

These are actual trial transcripts from court trials, including several multi-million dollar verdicts. We also have a draft opening statement in the text below.

We also have sample motions involving opening statements from plaintiffs and defendants and the PowerPoint presentations connected to our openings. The purpose is to arm you with the tools to make the right choices to give your best possible opening statement whether you are preparing for trial or a moot court presentation.

Opening Statement Examples

Our opening statement examples:

• Plaintiff’s and Defense Opening Statements in an Ankle Fracture Trial
• Plaintiff’s Opening in Medical Malpractice Wrongful Death
• Traumatic Brain Injury Plaintiff’s Opening
• Defense opening (State Farm) Part 1 and Part 2
• Car Accident Plaintiff’s Opening Statement ( click here for the complete transcript of the entire trial )
• Defendant’s Opening #1
• Defendant’s Opening #2
• Medical Malpractice Opening Statement ($10 million verdict)

These example opening statements give lawyers ideas on how to approach a jury trial. Use what works for you and toss the rest.

• Sample closing statements

PowerPoint Opening Statement

Below are PowerPoint presentations from an opening statement in a case we tried where the client was awarded $5.5 million and another where the client was awarded $5.2 million. The first is truncated because we took out much of the good stuff because we do not want to name the doctor.

The PowerPoint had many deposition clips, and we did not wish to put the doctor and his experts videotaped depositions online. In the second PowerPoint example, we sought and received permission from the client to post his material online without redactions.

For the $10 million jury verdict in Baltimore City, the clients — who won a civil justice award from the Maryland Association of Justice — graciously agreed to allow us to put the entire opening statement and PowerPoint #3 online to help other attorneys without any redactions.

• Sample PowerPoint for Opening Statement
• Sample PowerPoint #2

Our lawyers are giving high-tech opening statements that give the jury and the court a chance to understand the evidence. It is very effective in communicating to jurors information in the manner in which they demand it in 2021.

Defense lawyers are now trying to stop us from showing the jury what the evidence will show by filing motions in advance.

• Example  defendants’ motions
• Our response

We usually win this motion without qualification. The law and common sense are ridiculously on our side. But defense counsel is fighting back hard, and plaintiffs’ lawyers have to be ready to show the court what the law is.

14 Tips for Giving an Opening Statement to Plaintiffs’ Lawyers

This thinking is reflected in the example opening statements our lawyers provide above. It would be nice to pretend we invented this format. But our approach is liberally stolen from Don Keenen ( Reptile),  David Ball ( Damages ), and countless others.  

• Speak in the present tense . This method of storytelling keeps the listener interested and creates a real sense of immediacy that is critical to keeping the jury’s attention
• Juries expect a high-tech presentation in 2023. Give it to them. Use technology to show them the evidence. Show the evidence you plan to use: deposition testimony, medical records, documents, etc. Don’t use PowerPoint and just give them an outline.
• That said, please don’t overuse the phrase “the evidence will show.”  (Don’t overuse any phrase.) The time to sprinkle that in is if you are about to say something that you arguably should not say in an opening to throw off an objection.
• Present your story chronologically . Flashing back and forth is great if you are watching A Handmaid’s Tale . But it can be wildly confusing with an oral story. You must win the battle of keeping it simple and educating the jury.
• Don’t write checks you can’t cash. Tell them what the evidence will show. Don’t oversell the case you have .
• Don’t begin advocating until you are more than halfway through your opening. Just give the facts neutrally . You have to develop credibility with the jury before pointing fingers.
• Educate the jurors about the case . Juries appreciate lawyers that provide real information to them that they can use.
• Save your long speech about your gratitude for their service. Jurors want to do their jobs corr ectly and go home. They don’t care about your gratitude, which almost invariably comes off as hokey.  I’m also not a fan of “ladies and gentlemen” because people do not talk that way in real life. Get right to what this case is about.
• How long should your opening statement take? It depends on the case. The key is ensuring every word matters and that you are as streamlined as possible. You must have a clear purpose for every point you make in your opening statement.
• Explain the case to the juror like you would try to explain it to a friend. Save the big words and the pomp and circumstance.
• Have a single sentence theme. If you can’t find a single sentence to summarize your case, you are not trying hard enough. You need to be able to distill a case, even a complex case, down to one sentence.
• Don’t tell the jury you are giving them a road map. No one says, “Oh, goodie! A road map!” Just use this first chance to talk to the jury to tell the story.
• Begin by telling the jury the simple rule that would be applied to the case . Jurors are worried they won’t be able to do their jobs because they won’t understand it. This rule reassures them that there will be a clear road to make their decision. The rule is usually a safety rule .
• Bonus Tip: read this book . Then reread it.

How to Write an Opening Statement

Every lawyer has a different process for preparing an opening. My process for an opening statement is to spend no more than an hour or two writing it out as if I was required to write a transcript of the opening statement. I read it out loud to myself, then make a shorter handwritten outline, never looking back at the original draft.

I never even bring the opening statement outline to court – it is all just a process. When lawyers draft a script and stick with it, their presentation is too canned, and they are no longer having a real conversation with the jury.

The opening statement template below is patterned in part after David Ball’s suggested chronology of an opening statement (with modifications we have made consistent with our practical experience and the specifics of that case).

Example Opening Statement I. Introduction

(Thoughts on how to begin) – the biggest key here is to make the small talk brief and get right to it.

II. What Are the Rules?

The defendant is Maryland Machine Contractors. The testimony you are going to hear is going to be complicated at times. But the rule you will be asked to apply by the judge is a simple rule: Did Maryland Machine build a mechanical system that was defectively designed that led to the death of Cindy Manning?

III. What Did Defendant Do? (opening focuses first on what the defendant did)

In 2019, the defendant Maryland Machine built a machine system at Crawford Sugar Factory. This is an exhibit of what they built. If you have lived in Baltimore, you have almost certainly seen the Crawford Sugar sign at the Inner Harbor. The factory has been here since the ’20s. But the system was redesigned in 2020 and built by Maryland Machine.

The system is in a place called the Wash House. In the Wash House, a hot, chemical slurry is used to convert the sugar that comes out of the fields into the sugar you put in your coffee.

So Crawford Sugar says to Maryland Machine, we want to redo this area of the Wash House, here are some drawings with our idea of how we think it should be built. And Maryland Machine said okay, we will build you a system.

This is the 2-3-8 tank. It holds approximately 5,000 gallons of hot liquid slurry. As a part of the beginning of the refining process, raw sugar is pumped through pipes into this 5,000-gallon tank, where it is combined with lime and carbon dioxide resulting in a hot liquid slurry that contains calcium carbonate. This solution is heated to 160 to 185 degrees.

Now in this tank is raw sugar and these chemicals but also a lot of junk: rocks, wood, debris, you name it. And it all comes down this pipe into this strainer and then gets sent up for more processing.

This is a valve you can turn on and off to stop the flow. So if you want to service the strainer, clean it out, or whatever, you need to close this value.

The strainer needs to be cleaned between three and six times a day. So when they regularly cleaned the strainer, they had to:

• Close this valve, and
• Close this valve over here that is downstream of the strainer,
• Let the slurry drain out of a small elbow valve right here,
• And then there is a little valve at the bottom of the strainer right here, then a small valve at the top of the strainer right here.
• If the slurry has been drained out of the system, the Earth System’s Operator – this job is called – removes the 15-pound strainer cover, pulls out the strainer basket, cleans it out, and starts over again.

That is the normal cleaning process or if a full filter clogs the system.

Now, what if the system was blocked in the pipes instead of the strainer? The operator would not know the difference. This situation creates a risk of the unexpected release of stored energy that could cause injury to employees, which is what happens here.

One night, Cindy Manning arrives at work and found that the system she was working on was clogged. Being a new employee, she calls her supervisor, a gentleman named Joe Rivera. She asks for help. Mr. Rivera asks Henry Taylor to help who in turn asks Mike Foster to assist Cindy in unclogging the system. You are going to have the opportunity to meet Mr. Foster. Foster is an important witness because he is the only living eyewitness to the accident.

Mr. Foster goes and sees – as he was told to expect – that the 2-3-8 Strainer is blocked. So he did what he was supposed to do, what he was trained to do. He shut off all of the valves that could bring about an unexpected release of the hot slurry, and he takes off the lid to the strainer.

So Mr. Foster tries to stick a rod up to clean out the blockage. Then he attempts to squirt some water. Nothing worked. So they stand there talking, trying to figure out what to do next. Suddenly, hot slurry heated to between 160 and 185 degrees comes down on Cindy Manning. She tries to escape, but she falls. When she gets up, she is covered in this hot chemical slurry.

IV. What Were the Immediate Harms? (sticking just to the immediate harm for now).

After six days of unimaginable suffering, Cindy Manning died.

V. Who Are We Suing and Why?

After the accident, Crawford did an investigation as to how the accident could have been avoided. A week later, Crawford issued a report on the accident because they wanted to find out how the accident happened and how it could be avoided in the future.

A lot of smart and qualified people with years of experience looked at this question and concluded that this accident could have been avoided. While I suspect none of you are plumbers, engineers, or pipe fitters, I bet if I gave each of you five minutes with this question, you could figure out how Cindy Manning’s death could have been easily avoided just as the folks at Crawford’s did.

The report said that there should have been a valve right in front of the strainer. And had that been there, Cindy Manning&rs quo;s life would have been saved. That hot slurry would never have come out if Maryland Machine had put a valve in front of that strainer. The minor expense of setting that valve (showing exhibit) in a way that protects Cindy Manning from those hot chemicals.

Now AFTER the accident, Crawford did what should have been done in the first place – they put in the valve that would have saved Cindy Manning’s life. But at that point, it was too late.

You are going to hear more on this from Dr. David Donahue. Dr. Donahue served for 15 years as the chairman of the Machine Engineering department at the University of Maryland. Now, he spends his time working for the Navy in fighting against terrorism. While the engineering needed to fight terrorism is probably a lot more complicated than the issues, in this case,

Dr. Donahue will tell you that it is not at all complicated, the need for this valve was a simple thing that anyone should know. Dr. Donahue is also going to talk to you about pressure gauges and how cheap they are to install and how they would have helped provide information that would have prevented her death.

You are also going to hear from Lee Tompkins. He is going to tell you the same thing as Dr. Donahue – that putting a valve here before the accident was common sense that any reasonable plumber or installer should have known.

You are also going to hear from Dr. Henry from Johns Hopkins. He is going to tell you that this accident at Crawford caused Cindy Manning’s death. He is also going to tell you that it does not take much of this slurry on your body to cause grave pain and, ultimately, death.

You are going to hear from an economist who is going to tell you what Cindy Manning’s lost wages were over the rest of Brenna’s life.

You are going to hear from Cindy Manning’s family. They are going to give you an idea of what her death was like.

Finally, and for your purposes, most importantly, you are also going to have the opportunity to hear from Michael Foster, the only living witness of the accident.

VI. What is Wrong with the Defense? (Before Coming to Court, What Did We Have to Make Sure of First?)

Crawford Sugar’s defense is very simple: Michael Foster, the man who is the only living eyewitness to this accident, is a liar. That is their case and it is illustrative of how they see these facts. Under almost any scenario you can imagine, putting this obvious valve in saves Cindy Manning’s life.

There is only one theory that can be offered to argue that putting in an additional valve wouldn’t have made a difference because one of the employees was misusing the equipment. So here is the theory you are going to hear: Mike Foster chose to use a dangerous procedure in his effort to clear the elbow and the strainer.

After the accident, Crawford does an investigation. And they issue a report. And the report essentially says that it was the operator’s fault. But let’s take a look at this system. I don’t think any of you are plumbers, engineers, or pipefitters. But if I give you the project of how you isolate risk from this elbow when working on this strainer, I’ll bet all of you would figure it out within 5 minutes. Put a valve right here. Then you can safely work on the strainer.

That valve would solve two problems. One, it would protect against the risk of the elbow. Second, it would protect against any problems with this valve here. This valve, called a foot valve, is closed with a chain. You need to know that the stem is closed by looking at it visually. And on the chance that something is stuck in the valve, it will seem closed when it is not closed. But there was no valve here before the accident that took Cindy Manning’s life. But Mike Foster did not do that. He will testify at this trial and tell you exactly what he did.

VII. Cindy’s Death

They take Cindy to the Johns Hopkins Bay View Burn Center. It is Friday, July 28, 2019. She is suffering from first, second, and third-degree burns that are made worse by the horrible chemicals in the slurry.

When her sisters arrive at the hospital, they find their sister Cindy in tremendous pain. Her sister Megan Jones notices that huge pieces of skin are hanging off her body. You would think that they would give her immediate pain medication but they could not give her anything for the pain initially until they were able to ascertain exactly what kind of chemicals were in the slurry.

The next day, she was able to get pain medications but they were not having much of an impact. She’s put in this special bed for burn victims that make you feel like you are falling so Cindy feels compelled to move, making her burns worse.

So she just lies there in bed, in great pain with an incredible desire to move around. In fact, the desire to move was so powerful that Cindy had to be held down with restraints. She’s burning up, she’s dying of thirst because they cannot give her water, and now they have to restrain her.

You hope when you go to the hospital you get better. Cindy Manning got worse and worse. On Monday, she was with her sister and had an itch on her face, she scratched it and a huge chunk of her skin came off. Because she was in so much pain, her sisters ask the doctor to give Cindy more pain medication. The doctor tells them that if they give her any more morphine, she might forget to breathe.

On Tuesday, the doctors operate on Cindy to try to save her life. The next day, Tuesday, the nurse comes to take her to surgery. The process of moving Cindy is so painful. She resists and it takes several nurses to hold her down. But the doctors tell Cindy’s family that she will be in a virtual coma after the operation because of a number of painkillers and sedatives they were going to give her. This brings some relief to the family because she has been suffering so much.

Unfortunately, after the operation, Cindy is wide awake and in more pain than ever. She has tubes running down her throat,. The IV has been placed into her neck because they can no longer find an adequate vein anywhere else on her body. Her blood pressure becomes elevated. They take her off any pain medication.

So her pain that was unbearable now rises to a new level. And the fluids they are pumping into her now go directly to her tissue. Her whole body swells to the point where her nose splits apart. She is biting so tightly on the breathing tube that the nurse has to tell her to stop or she will lose her oxygen supply.

At some point, she is becoming unrecognizable to her family because of the swelling. She realizes she is going to die and refuses to see her daughter, not wanting Deanna’s last memory to be of her mother this way. By Thursday, her once healthy organs begin shutting down one by one. Her last words are, not surprisingly, “It hurts.” And, mercifully, she dies.

VIII. Conclusion

This one I never bother to plan because I think the conclusion comes straight from the heart – so I don’t even plan to plan. But I read David Ball on Damages (now “Damages 3”) before every trial and I tell them how much money we are seeking (although there are now differing schools of thought on this in 2021 with the tide beginning to turn back to not giving a damages number in opening statements).

Frequently Asked Opening Statement Questions

How do you write an opening statement?

You write an opening statement by crafting a story. People understand stories. You have to tell them the story of the case. For a plaintiff’s lawyer, you have to tell the story in such a way that a jury can conclude on their own that the defendant is responsible for all of the victim’s harms and losses.

Above, we provide example opening statements and a sample outline of an opening that follows the format we use in most cases.

Elsewhere on our website, you can read sample opening statements that we have written.

How long should an opening statement be?

Good lawyers calibrate the length of their opening statement to the expected length of complexity of the material. It is a delicate balance. In a complex medical malpractice case, our lawyers usually shoot for 30 minutes (and it usually bleeds into 45 minutes). In a car accident case where the issues are not complex, 20 minutes will almost always be sufficient.

The key is not to waste words. Every single thing you say to the jury in opening should be calculated to get your message across without wasting their time.

How do you start an opening statement?

Many lawyers begin their opening by introducing themselves, profusely thanking the jury, and trotting out the old saw that “An opening statement is not evidence but just a road map of how you expect the puzzle pieces to come together, blah, blah, blah. This is the advice you get when you research “How to write an opening statement” and it is plain wrong.

This is the apex of juror attention. Use it. Before we began with our theme of our case. Today, we use a less adversarial approach because we have not established enough credibility with the jury to begin arguing. Instead, we tell them the most important rule in the case that they need to use to reach a verdict.

If you are giving a civil opening statement, you need to explain early the burden of proof in a civil case.  Jurors are so used to beyond a reasonable doubt.  Focus groups on this issue are mind-blowing.  A good lawyer sets this clear and straight from the beginning.

Are there limits on what lawyers can say in opening statements?

Lawyers are given great latitude when giving opening statements in personal injury cases. But lawyers must have a reasonable belief in the admissibility of the evidence they present in an opening statement.

• Get more opening statement FAQs

More Information About Handling Opening Statements and Wrongful Death Claims

• Toolkit for Plaintiff’s Counsel (free templates of virtually everything related to handling civil tort claims)
• Overview of the available claims that can be made in fatality cases
• Maryland Wrongful Death Statute: take a look at Maryland law
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WTO / Legal / How to Write an Opening Statement (18 Best Examples)

How to Write an Opening Statement (18 Best Examples)

In a courtroom setting, an attorney usually makes an opening statement that outlines the facts about the case to the presiding judge and jurors. It is also known by alternative terms, for example, debate or mini-essay. The plaintiff, defendant, or their representative can present it. The plaintiff (the party who files the case and bears the burden of proof) presents the statement first, followed by the defense team. It sets the stage for the trial and helps the attorneys frame their arguments and evidence coherently and compellingly. It should serve as a road map for the trial or fact-finding proceeding.

The state of Illinois indicted Mr. Karl Carter for fraud. The defendant was awarded a tender to supply 1,000 hospital beds to Illinois General Hospital by October 31, 2022. The conditions were that three-quarters of payments amounting to $100,000 were to be paid before delivery and the remaining balance after completion of the project. As per the agreed-upon conditions, a substantial portion of the payment, totaling $100,000, was to be made before the delivery of the beds, with the remaining balance to be paid upon project completion. The initial payment was duly made, fulfilling our obligations. However, it has come to light that the defendant has failed to fulfill his end of the agreement. Only 400 beds were supplied, citing increased production and transportation costs. To compound matters, the defendant has audaciously demanded additional payment, contrary to the initial agreement. Such a demand is not only unjust but also a violation of the principles upon which this contract was formed. I am Harvey Buck, representing the Illinois healthcare procurement committee. I request that the court intervene and hold the defendant responsible for civil charges against them.

This article discusses an opening statement, its importance, and the basic information that should be included before a lawyer presents it in court. It also deliberates on tips for developing a compelling one and provides examples for that. 

Why is It Important in a Trial?

It holds great significance in legal proceedings, as it serves as the introduction to a case. Its primary purpose is to provide an overview of the case to the judge or jury, outlining the main arguments and evidence that will be presented. So, it is an integral component of any trial. 

Below are reasons why it is important in legal proceedings:

Establish the context for the trial

The opening statement introduces the parties to the legal proceeding, including the plaintiff, the defendant, and their representatives. It also introduces the nature and type of the case—civil or criminal. It is also an opportunity to create a positive impression on the jurors. 

Frames the issues

A well-crafted mini-essay should offer context to each party’s claims. This involves stating the issues at hand and providing an overview of factual evidence, background context, legal theories or arguments, and key details that will be presented to prove why their case is justified. 

Establishes credibility

The introductory statement is meant to demonstrate the attorney’s credibility by showing that they understand the legal reasoning behind their case and can present a strong argument. It should reflect the qualifications and competencies of the attorney outlined in their resume . Also, it is meant to gain the jurors’ trust and confidence if it can clearly demonstrate the argument from the client’s perspective. 

Provides a roadmap for the trial 

Lawyers use it to communicate the evidence that will be used and the format in which it will be presented. It can name the witnesses that will be called to the stand and any supporting documents that will be referenced. This may include extensive research and interviews to identify credible witnesses and facts about the case. Once the fact-finders understand the framework to follow, they can collect information throughout the proceeding and make the best decisions for each case. 

Increases persuasion

The debate should be adequately engaging to try and shape the jurors’ views and shift their stance to the best-case scenario for the client. An engaging statement has the following properties: clear, factual, narrative, and non-argumentative. The effectiveness of persuasion can significantly impact the overall trajectory of the case and contribute to a successful outcome for the client.

Lawyers may incorporate visual aids such as slides or images in it. According to research, visual aids increase jurors’ engagement and comprehension. Visual aids are efficient tools for persuading the jury and demonstrating how events occurred. However, the visual elements must be relevant to the case, simple, and easy to understand.

Free Templates

Opening Statement Vs. Closing Statement 

An opening sentence offers the attorney an opportunity to mention the theme of the dispute and which evidence and testimonies will be presented in support of the client’s argument. It aims to make it easier for the judge or jury to comprehend the relevance of any evidence presented to the overall dispute. 

Contrary to this, a closing statement allows counsel to present arguments on the merits of any evidence presented by both parties. It is given at the end of the trial to create a lasting impression. It may include hypothetical analogies, references to laws, key evidence, and comments on the witnesses’ credibility . Also, it can state the judgment that the counsel believes the court should make based on the evidence presented. Lastly, it can make a final appeal to the jury to favor the person being represented (the plaintiff or defendant).

Below are examples in different cases:

Criminal trial

Opening sentence example.

Ladies and gentlemen of the jury, today we embark on a quest for truth and justice. The prosecution will present evidence that will demonstrate beyond a reasonable doubt that the defendant, Mr. John Roberts, committed the heinous crime he stands accused of. Through eyewitness testimonies, forensic analysis, and compelling evidence, we will reveal the sequence of events that led to the victim’s tragic death and the defendant’s direct involvement. You will hear from witnesses who saw the defendant at the scene of the crime, and experts who will shed light on the compelling physical evidence linking him to the murder. We ask you to keep an open mind and carefully evaluate the evidence presented, as we seek a verdict that reflects the truth and ensures justice for the victim and their grieving family.

Closing argument example

Members of the jury, you have heard the evidence, testimonies, and arguments presented throughout this trial. The facts have painted a clear and undeniable picture: the defendant, Mr. John Roberts, is guilty of the crime charged. The witnesses have bravely come forward and shared their accounts, their memories etched with the harrowing events they witnessed. The physical evidence, meticulously analyzed by experts, has left no room for doubt. The puzzle pieces fit together, revealing a chilling narrative of the defendant’s actions. It is now your solemn duty to deliver a verdict that upholds justice, that holds the defendant accountable for his choices and provides solace to the victim’s family. We urge you to render a verdict of guilty, for it is the only just outcome in light of the overwhelming evidence and the pursuit of truth.

Estate dispute case

Opening statement example.

Your Honor, esteemed members of the court, we are here today to address a grave injustice concerning the denial of our client’s rightful claim to the estate left behind by her late husband. Our client, as the surviving spouse, should rightfully inherit the assets amassed by her husband during his lifetime. We will present compelling evidence, including a legally binding will that unequivocally designates our client as the sole beneficiary. Our aim is to seek justice, honor the wishes of the deceased, and ensure that our client receives the inheritance she is entitled to.

Closing sentence example

Your Honor, members of the court, we have reached a critical point in this trial where the fate of our client’s rightful claim to the estate hangs in the balance. We have presented clear and compelling evidence, including a legally binding will that unambiguously designates our client as the sole beneficiary. We must honor the intentions of the deceased and provide our client with the financial security and peace of mind she deserves. We implore you to carefully consider the evidence presented and render a just decision that upholds our client’s rightful claim to the estate.

Civil plaintiff trial

Your Honor, esteemed members of the jury, today we bring before you a case that revolves around the fundamental principles of justice and accountability. Our client, [Plaintiff’s Name], has suffered significant harm and injustice at the hands of the defendant, [Defendant’s Name]. Through compelling evidence and expert testimonies, we will demonstrate that the defendant’s negligent actions have caused direct harm to our client, resulting in physical, emotional, and financial damages. We seek not only compensation for our client’s losses but also to ensure that the defendant is held accountable for their actions. We ask you to carefully consider the evidence presented and deliver a verdict that upholds the principles of justice and provides our clients with the restitution they deserve.

Your Honor, members of the jury, as we approach the conclusion of this trial, we urge you to reflect on the evidence presented and the significant harm our client has endured due to the defendant’s actions. Our client’s life has been irrevocably changed, and it is essential that justice is served. The evidence overwhelmingly supports our claim that the defendant’s negligence directly caused harm to our client, resulting in physical, emotional, and financial hardships. We implore you to stand on the side of justice, hold the defendant accountable for their actions, and award our client the compensation they deserve. By doing so, you will send a powerful message that negligent behavior will not go unchecked and the rights of innocent individuals will be protected under the law.

Child custody case

Your Honor, esteemed members of the court, today we come before you to address the critical issue of child custody in this case. Our client, [Client’s Name], firmly believes that the best interests of the child lie in their care. Through compelling evidence and testimonies, we will demonstrate that our client possesses the qualities, resources, and nurturing environment necessary to provide a stable and loving home for the child. We will present evidence that highlights the positive impact our client has had on the child’s well-being and development. It is our utmost priority to ensure the child’s safety, happiness, and overall welfare. We ask this honorable court to carefully consider the evidence and make a custody decision that serves the best interests of the child.

Your Honor, members of the court, as we conclude this child custody case, we ask you to reflect upon the evidence presented and the well-being of the child at the center of this matter. Our client has consistently demonstrated their love, devotion, and commitment to providing a stable and nurturing environment for the child. The evidence overwhelmingly supports the notion that our client is the best fit to assume primary custody and make decisions in the child’s best interests. It is crucial to consider the child’s emotional and developmental needs and ensure their continued well-being. We trust in this court’s ability to discern the truth and make a custody decision that safeguards the child’s future and promotes their happiness and growth. We urge you to grant our client the custody rights they rightfully deserve.

Anatomy of an Opening Statement: The Basic Information

An excellent initial sentence states what the attorney intends to prove, the framework to use, and events or facts supporting the client’s argument. It should be structured rationally to make it easy for the jurors to understand how the trial will be conducted. This means each mini-essay will vary from situation to situation.

However, each one has the following components: 

Introduction 

An appropriate introduction introduces the counsel, their client, the case theory, and the objectives of the trial. This segment is meant to build rapport with the jurors and inform them briefly about the case.   

The attorney captures the audience’s attention by providing a compelling or intriguing statement related to the case. This can be a fact, a question, or a story that piques interest.

Explanation of the case 

The introduction should also discuss the details of the dispute. The client’s perspective on the case should clearly and comprehensively emerge in this segment. By providing a clear and concise summary of the factual background, the attorney aims to ensure that the judge or jury has a solid understanding of the case from the outset. This overview acts as a foundation upon which the attorney will build their arguments and present supporting evidence to support their client’s position.

Explanation of how the evidence supports the client’s case 

The attorney not only provides an overview of the case but also previews the evidence that will be presented to support their arguments. This may include witness testimonies, documents, expert opinions, or any other relevant evidence. By highlighting the evidence, the attorney aims to give the judge or jury a glimpse into the strength and credibility of their case. This helps to set expectations for the evidence that will be presented throughout the trial and allows the attorney to establish a persuasive narrative that supports the client’s position.

Witness identification 

If witness statements are to be presented in court, it should indicate the number of witnesses and their profession. They may mention the key points they expect these witnesses to testify about, providing a glimpse into the evidence that will be presented. By highlighting the witnesses and their anticipated testimony, the attorney aims to establish credibility and build anticipation for the upcoming testimonies.

Conclusion 

In the conclusion, the attorney summarizes the main points presented, reiterates the central theme of their case, and delivers a persuasive statement that sets the tone for the remainder of the trial. This concluding part aims to leave a lasting impression on the judge or jury by reinforcing the key arguments and emphasizing the strength of the attorney’s position.

By restating the central theme and making a compelling statement, the attorney seeks to create a sense of conviction and persuade the fact-finder to view the case from their perspective. The conclusion plays a crucial role in shaping the overall narrative and guiding the perception of the case moving forward.

Tips for Developing It Effectively

As illustrated earlier, a well-written mini-essay has a substantial impact on persuading a judge or jury. Below are tips on how to write an effective opening statement for your case:

• Prepare the debate to reflect the theme of the case so that it can appeal to the different qualities or personalities of the jurors. Also, having a theme enables you to develop a consistent and compelling message and organize evidence rationally. A good theme should grasp the jury’s attention and be memorable. 
• The first sentence should be impactful. If you start strong, you will likely grab the jury’s attention and influence the rest of the trial. 
• Information should be organized in an orderly and rational manner. This makes it easy for the jurors to follow the argument.
• Use the initial statement to demonstrate your knowledge of facts, accuracy, sincerity, and confidence in the evidence. These qualities will establish your credibility and persuade the jury.
• Be confident and likable; the storytelling techniques can persuade the jurors to favor your client. Other techniques include expressions and gestures. Such techniques help create an emotional connection with the audience.
• It should not be aggressive. It is primarily meant to be informative and persuasive to guide the court on the dispute between the parties and what each party will present to prove their case. 

Opening statements will greatly vary depending on the party presenting them, its intended objectives, and the nature of the fact-finding proceeding.

Below are examples of these sentences:

Defense statement example

This is a debate presented by the defense team. It provides alternative explanations for the referenced occurrences, challenges witnesses’ credibility , and highlights weaknesses in the prosecution’s case. It aims to persuade jurors of the client’s innocence. 

Mr. Harry Sendoff is wrongfully accused in this case. He bought the car months after the bank robbery he is accused of being part of. The vehicle was bought from Hybrid Motors under an as-is bill of sale to be presented. The title and vehicle registration ID will also be produced to show the date when the title was transferred. We hope that he will be acquitted with the indisputable evidence provided.  

Prosecution statement example

A prosecution mini-essay indicates the elements of the crime and presents key evidence, witnesses, and legal grounds for the defendant’s guilt beyond a reasonable doubt. It aims to persuade the jury of the defendant’s wrongdoing and justification for prosecution.    

This is a case of employee assault. Barry Miles has been an employee of Jerry Sanders for four years. CCTV footage shows multiple assaults by Mr. Sanders on multiple occasions. Mr. Miles feared reporting the crimes as he was threatened with being fired. We hope the court finds Mr. Sanders guilty of assault and blackmail and orders him to pay $100,000 in damages. 

Mock trial statement example

A mock trial simulates or hypothesizes real events that led to litigation. So, its debate should provide a compelling narrative that accurately depicts the parties’ actions or events in the case. 

This is a case of theft. Mrs. Sharleen Hides’ purse and phone were stolen by Mr. Barry Button through snatching, and he fled to the BigYellow Store. The phone was traced and found to be in Mr. Button’s possession. Multiple witnesses can attest to this fact and will be called to the stand. We hope the defendant can be found guilty and convicted, or pay a compensation of $5,000. 

Mediation statement example

The statement for a mediation case typically begins by defining mediation as a voluntary and confidential process in which parties come together with the assistance of a neutral mediator to resolve their disputes. Mediation is based on open communication, active listening, and mutual understanding, aiming to facilitate dialogue and find mutually satisfactory solutions.

It provides an opportunity for the parties to express their perspectives, identify common ground, and explore creative options to resolve their differences without resorting to litigation. It emphasizes the importance of cooperation, respect, and the willingness to engage in productive discussions to achieve a mutually beneficial outcome.

Good morning/afternoon. My name is [Your Name], and I represent [Party Name]. With me is [Co-Counsel’s Name], and together, we will guide you through this mediation process. We are here today to resolve our dispute fairly and efficiently. Through constructive dialogue, we aim to find a mutually beneficial solution that addresses both parties’ concerns. Let us approach this process with an open mind, respectful communication, and a willingness to explore creative options. Our goal is to restore or enhance the relationship between the parties while reaching a fair resolution. Thank you.

Arbitration statement example

In an arbitration proceeding, which is a type of alternative dispute resolution, the opening statement acts as an introduction to the case and establishes the framework for the arguments and evidence that will be presented. It serves as an opportunity for the representatives of the parties to provide a concise overview of the dispute and its main issues, while also outlining their desired outcome or objectives.

Its purpose is to capture the arbitrator’s attention and ensure a clear understanding of the parties’ positions, ultimately guiding the subsequent proceedings toward a fair and impartial resolution.

Good morning/afternoon. My name is [Your Name], and I represent [Party Name]. With me is [Co-Counsel’s Name], and together, we will present our case before the arbitrator. We will diligently present evidence, testimonies, and legal arguments to support our position. Our commitment is to fairness, integrity, and professionalism throughout this process. We trust the arbitrator’s expertise in making a reasoned decision based on the facts and legal principles presented. Thank you.

Frequently Asked Questions

The length of the mini-essay will depend on the complexity of the case. Additionally, in some jurisdictions, there are restrictions on its length, while in others, the judge has discretion in determining the appropriate length. However, most statements will last between 10-45 minutes. 

Attorneys are restricted to providing facts they intend to prove and admissible evidence only, rather than making legal arguments or drawing conclusions. Lawyers must also respect the presumption of innocence, particularly in criminal cases, and avoid making statements that assume the guilt of the defendant. It is important to avoid using language that could unduly influence the jury. Moreover, attorneys should only discuss admissible evidence that has been properly introduced in court, following evidentiary rules. Familiarity with the specific rules and guidelines of the jurisdiction is essential to ensuring compliance with the limitations imposed on opening statements.

Attorneys should focus on presenting their own case rather than attacking or criticizing the opposing party. The focus should be on presenting their own evidence and arguments.

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Delivering an effective opening speech

31 August 2022

What is involved

In civil trials short opening speeches are made on behalf of the claimant before you call the evidence. How short depends on the complexity of the case. If you represent the defendant you can generally make a short speech at the outset as well.

In criminal trials the prosecution has a right to make an opening speech before giving its evidence but may forego this in simple cases. If the defendant has entered no plea or a plea of not guilty then the court may invite the defence to make an opening statement. This is also known as a statement of issues in dispute.

Opening speeches are uncommon in family law matters as the court usually deals with any housekeeping matters before moving swiftly to hear the trial. The court sometimes directs for an opening note to be filed in advance.

If you need to deliver an opening speech it is an opportunity to show the court that you are well prepared and set the tone for the rest of your advocacy.

It should be a succinct and focused summary of the issues that need to be decided and your client’s case, with reference to any key documents. Condensing this potentially complex information into a succinct and clear opening speech can be challenging for all advocates and in any case.

Your obligations

Delivering an effective opening speech can help you meet some of the requirements of our Competence Statement including but not limited to:

• B5 Undertake effective written and spoken advocacy.
• C1 Communicate clearly and effectively, orally and in writing.

It is also a requirement of our Statement of standards for solicitor higher court advocates.

What to include in your opening speech

If you are the first person to make an opening speech, you should start by introducing yourself and the other side to the court. For example, by saying: 'Your Honour, I appear on behalf of the Claimant/Prosecution in this case and my learned friend Mr/Ms [Name] appears for the Defendant.'

This speech should help the court know what to expect and focus on for the rest of the hearing or trial, by providing a straightforward summary of:

• your case theory
• the key facts of your case, in an order which supports your case theory
• the issues that are in dispute and what you will seek to prove
• the burden of proof.

The length of your opening speech will depend on the complexity of your case. However, it should be concise and easy to follow.

Addressing weaknesses in your case as part of your opening speech may give you a tactical advantage. This could take the sting out of the points the other side will make if left to reveal and exploit those weaknesses themselves. This is a judgement call for you as an advocate, which will depend on the specific features of your case.

The style of your opening speech should be engaging and direct. It can help if you:

• avoid reading your opening speech from paper or a screen
• tell the key facts of your case like a story, while remaining concise and easy to understand
• address specific points to the tribunal of fact. For example, by telling them what they are there to decide and explaining why they should decide in your favour.

What to exclude from your opening speech

Although your opening speech should state and support your case, it shouldn’t include legal argument. For example, tell the court the facts of the case from your client’s perspective, but don’t submit legal arguments to disprove the account of the other side.

As stated, your opening speech should be succinct and focussed; including an expansive description of all the legal issues you have researched will not assist the court.

You should also avoid technical or detailed points, particularly if you are speaking to members of a jury who are less likely to understand the law.

Opening speech template

You can use this template to help prepare your opening speech. It is based on a criminal case but can be adapted.

Your Honour and members of the jury, I appear for the prosecution. My learned friend, Ms Doe appears for the defendant, Mr Adam Smith. You are here to decide if Mr Smith is guilty of the offence of unlawfully and maliciously wounding another person, under Section 20 of the Crimes Against the Person Act 1861. Last year, at around 2:45 in the morning on 22 June, the police arrested Mr Smith outside the Zoo Bar on Borough High Street in South East London. The police and paramedics attended the location after Ms Julie Barnes called 999. She will appear as a witness for the prosecution, along with several other people who were in the vicinity at the time of the alleged offence. The police and paramedics arrived at the scene to find Mr Brian John, the victim in this case, lying seriously injured on the pavement outside the Zoo Bar. He was bleeding heavily from deep wounds to his scalp and face. He was taken by ambulance to Guy's Hospital. Medical staff at the hospital inserted 52 stiches to six wounds. One of Mr John’s cuts was just two centimetres from his left eye. He will have visible scarring to his face for the rest of his life. Mr Smith had been restrained by two door staff from the Zoo Bar, until the police arrived; both door staff, Mr X and Mr Y, will be called to give evidence. The police arrested Mr Smith on suspicion of unlawfully and maliciously wounding another person. After being interviewed under caution, he was charged with the offence under Section 20 of the Crimes Against the Person Act 1861. Since being charged, Mr Smith has pleaded not guilty on the basis that he only acted in self-defence. The defence will argue that Mr John went to physically attack Mr Smith after verbally threatening him. The defence will also argue that Mr Smith then instinctively put his hands in front of him to protect himself from physical harm. And that the pint glass he was holding broke on contact with Mr John's face. Mr John’s wounds are, undoubtedly, life changing and serious. Mr Smith admits inflicting them – so that is not in dispute – but claims he only acted in self-defence. The prosecution's case is that in fact, Mr Smith was the aggressor. In other words, he did not instinctively use force, genuinely believing that he needed to do so to protect himself from an attack by Mr John. Rather. It is the prosecution's case that Mr Smith launched an unprovoked attack against Mr John because Mr John had recently broken up with Mr Smith's younger sister, Karen Smith. The prosecution bring this case and it is for the prosecution to prove. To prove guilt, the prosecution must satisfy you, so that you are sure, that Mr Smith inflicted these injuries maliciously and unlawfully. Maliciously means that Mr Smith inflicted the injuries recklessly or intentionally. Unlawfully means that he did not inflict the injuries in self-defence. In this case, if you are sure that Mr Smith was not defending himself from an attack, but that he aggressively attacked Mr John, then the prosecution will have discharged its burden to prove the case because you will be sure of guilt.

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New Illinois law limiting use of 'captive audience' meetings hit with lawsuit

Ahead the Democratic National Convention in Chicago, Gov. JB Pritzker is touting Illinois as the "most labor-friendly state in the union" after signing legislation backed heavily by organized labor. Now, however, a conservative think tank is taking the state to court in hopes to block its implementation.

On July 31, the Democratic governor signed into law legislation limiting employers' use of "captive audience" meetings where employees are effectively forced to listen to the political or religious views of their boss.

The " Worker Freedom of Speech Act " goes into effect on Jan. 1, 2025, and does not prohibit businesses from holding these meetings, but rather prevents employers from punishing workers if they choose not to attend them. Illinois became the eighth state, joining states like New York and Minnesota, to pass such a law.

More: Illinois House Speaker's staff continues attempt to unionize

The Illinois Policy Institute argue in their federal suit filed last week that the new law infringes the freedom of speech rights of employers and claim the law is too broad — leaving more companies liable to penalties. Under the new law, the Illinois Department of Labor can issue $1,000 fines per violation and employees can sue.

Some employers, such as political organizations and not-for-organizations with 501(c)(4), 501(c)(5), and 501(c)(6) IRS designations, are exempt. The Illinois Policy Institute is a 501(c)(3) and is therefore subject to the law alongside churches and traditional charities.

Representing the Chicago-based institute in the case in the Liberty Justice Center. Similar laws are being challenged in Minnesota and Connecticut.

“The First Amendment protects an employer’s right to speak to employees about matters of importance,” said Jeffrey Schwab, senior counsel at the Liberty Justice Center, in a statement. “Illinois has enacted a law that prohibits speech based solely on its content, political or religious. The Supreme Court has held that such content-based prohibitions are presumptively invalid. For that reason, SB 3649 should be held unconstitutional.”

Pritzker also signed the Child Labor Law of 2024 on July 30, which set new limits the weekly hours employees 16 and younger can work in addition to restrictions to where they are allowed to work.

A bill receiving bipartisan backing, minors can 18 hours when school is in session and 40 hours when school is not. Under prior law, minors were able to work up-to 24 hours per school week and 48 hours per week when school was not in session according to the state labor department.

When the bill goes into effect starting in 2025, employers will not be able to hire minors to work at cannabis dispensaries, live adult entertainment facilities and gun ranges. The state labor department would also be authorized to collect larger fines if a child worker is killed or injured while working. The fines are $60,000 and $30,000, respectively.

Tim Drea, president of the Illinois AFL-CIO, noted the contrast with the updated child labor law in Illinois compared to neighboring states.

Both bills signed by the governor last week were key priorities for the labor group.

"I can't believe there's such a difference between this river that separates Iowa and Missouri from Illinois," he said during the Illinois AFL-CIO's biennial convention in Rosemont. "In Iowa, they reformed their child labor laws by allowing kids to work as young as 14 in industrial settings, 30 hours a week during school."

Contact Patrick M. Keck: [email protected], twitter.com/@pkeckreporter.

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PROBATE ADMINISTRATION & LITIGATION

One goal of estate planning is to ensure that a person’s beneficiaries, already grieving the loss of their loved one, don’t have to suffer frustration, expense and delay with regard to their inheritance. Unfortunately, not everyone plans or plans well for the inevitable.

If your loved one has passed without a will, or if you see problems with the will, The Law Offices of Steven E. Springer can help. Our attorneys have more than 30 years of combined experience in probate administration and litigation. We provide prompt, thorough and affordable legal services to effectively resolve the issues surrounding your loved one’s estate.

THE ROLE OF PROBATE ADMINISTRATOR IN CALIFORNIA

When a person dies intestate (without having left a valid will), the probate court freezes the assets; no property can be dispersed until the estate “clears probate.” That process, known as probate administration, begins with the appointment of an administrator who must inventory the estate, pay its creditors and divide the remaining property according to California’s inheritance laws. How long that process takes depends on the size of the estate and the complexity of its finances. One major issue is the valuation of different types of assets, including stock portfolios, real estate and ongoing business enterprises.

The probate administrator does not have to be an attorney, but he or she must be someone whom all of the heirs can trust, since any one of them could challenge the appointment or, what’s worse, interfere throughout the process, causing waste and delay. The administrator must also be someone who has the training and experience to sort out the issues surrounding the estate’s assets and obligations, including tax liability and other consequences of liquidating assets for distribution.

The Law Offices of Steven E. Springer can guide your loved one’s estate through probate promptly and reliably. Our services are affordable because of our reasonable rates and efficient practices. Most importantly, we enjoy an impeccable reputation for integrity, which is essential to the task.

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How can a beneficiary contest a will in california.

Beneficiaries often raise will challenges when they feel personally slighted or honestly believe someone has used unscrupulous means to effect a change in the deceased’s intentions. Grounds for challenging a will in California include:

Mental capacity — Alleges that the testator was not of sound mind when he or she formed or amended the will.

Undue influence — Alleges that someone close to the testator took advantage of that access to pressure the testator into making or amending a will.

Fraud — Accuses some party of deliberately deceiving the testator or substituting a false will for the true one.

Defect information — Asserts that the creation of the will does not conform to legal requirements, such as the presence of witnesses

The Law Offices of Steven E. Springer has vast experience in the area of wills and trusts. In addition to drafting precise documents, we have the litigation skills necessary to challenge or defend wills for clients who are seeking a true resolution to a loved one’s estate.

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The Law Offices of Steven E. Springer can speed your loved one’s estate through probate while managing any disputes that arise. To schedule a free initial consultation with an experienced probate lawyer. We recognize that detailed information and direct human contact with your lawyer go a long way to developing the confidence you need to see your situation through to a successful conclusion. That’s why we make every effort to engage with you personally, remain accessible, and deliver prompt results. Contact our firm for answers to all of your California probate law questions.

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Subversion, Restoration, or Legislation? The Supreme Court and the Constitution

64 Pages Posted: 13 Aug 2024

Alma Diamond

University of Michigan Law School

Date Written: July 30, 2024

We seem to be living through a period of radical constitutional change. What many had regarded as settled law is no longer. According to some, this change is merely apparent: the Court is engaged in a recovery and restoration of our law as it has always been. According to others, the Court is actively changing the law, subverting it with personal value-judgments and partisan agendas. A third, skeptical view insists that, in the cases before the Court, there is very little law for the Court to subvert or restore: the Court is a Super-Legislature, a source of law, not an interpreter of it. The Court, and many scholars, reject this view. The disagreement about the legitimacy of the Court’s exercises of judicial power is framed as a debate about which of the first two characterizations are correct: restoration, or subversion.

This Article intervenes in this unfolding debate by drawing attention to a consequential but neglected jurisprudential mistake in how it is framed. Evaluations of the Court’s power as either restoring or subverting the Constitution assume two things: (1) there is pre-existing constitutional law governing the cases before the Court, and (2) the Constitution is a historically situated legal enactment with determinate legal content which confers and limits judicial power to finding law. Drawing on jurisprudential analyses of legal sources, this Article demonstrates that these assumptions are incompatible.

This represents a significant and timely contribution to the emerging literature on lawfinding beyond enacted legal sources. Recently, there has been an explosion of scholarly interest in how judges find law in unwritten law, background law, original law, federal common law, and history and tradition, to name but a few examples. However, what has been overlooked is that these accounts of lawfinding rely on a fundamentally different jurisprudential theory of legal sources than the one used to argue that judicial power is limited to lawfinding. If we want to make sense of the Supreme Court as legally fallible, we have to give up on the idea of the Constitution as a legally enacted, historically situated, command.

There is a choice to be made, then. E ither we insist on the Constitution as a historically situated legal enactment from which the Court derives its judicial authority, or we insist that there is always constitutional law for Justices to find and apply in the cases before them. The Court, and constitutional scholars, cannot have it both ways.  They can, like the majority in Dobbs, assert that the Court’s role is to neutrally ascertain the legal content of specific enactments, which means acknowledging that the law often runs out. Alternatively, they can, like the majority in Loper Bright, claim that the law almost never runs out, accepting the Constitution as a continually evolving justificatory framework rather than a set of fixed historical commands. But they cannot make both claims. This article highlights the significance of this choice and its implications for understanding the nature of constitutional law and judicial interpretation.

Keywords: Jurisprudence, Constitutional Law, Constitutional Theory

Suggested Citation: Suggested Citation

Alma Diamond (Contact Author)

University of michigan law school ( email ).

625 South State Street Ann Arbor, MI 48109-1215 United States

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Hong Kong court grants jailed activist Tam Tak-chi last chance to appeal sedition conviction

• But court jettisons his contention that law imposes excessive restriction on right to free speech

Hong Kong’s top court has granted a jailed opposition activist one last chance to appeal against his conviction for sedition, but refused to consider his contention that the law imposes an excessive restriction on free speech.

The three presiding judges agreed to examine whether those charged with sedition under the colonial-era Crimes Ordinance must be tried before a judge and a jury, and whether the prosecution must prove a defendant’s intention to incite violence or public disorder in order to secure conviction.

But the bench found no room for the appellant to argue the offence was unconstitutional for being too wide and unclear.

The substantive appeal will be heard before a full panel of five judges on January 10 next year.

Tam, a former vice-chairman of the now-inactive opposition group People Power, has been detained since September 2020 when he became the first resident in more than 24 years to face sedition charges.

The Court of Appeal upheld his conviction earlier this year after finding it necessary to adopt a broad interpretation of the law to penalise seditious conduct which did not incite violence.

The lower appellate court also found nothing to suggest Tam, who the judges described as “a stern opponent of government policy”, would be subject to “an unacceptably harsh burden” because of the restriction imposed on his freedom of speech.

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Justice Department fights back against TikTok lawsuit as forced app sale or US ban looms

The Justice Department is fighting back against TikTok's lawsuit over a potential U.S. ban , saying the law at issue is about national security concerns surrounding the popular social media app, not suppressing free speech.

TikTok and its Chinese parent company, ByteDance, sued the government May 7, about three weeks after President Joe Biden signed a bill into law that would either force the app's sale or prohibit app stores and web hosting services from offering TikTok to Americans starting in January 2025. The companies say the law – which requires ByteDance to divest TikTok's US assets for TikTok to maintain its U.S. presence – violates the First Amendment by singling out and shutting down the speech forum provided by the app.

In a call with reporters ahead of the Justice Department's court filing late Friday, a senior department official said TikTok's ownership structure allows China to exploit the app to access sensitive personal information and covertly manipulate the information Americans consume.

"The goal of this law is to ensure that young people, old people, and everyone in between is able to use the platform in a safe manner," the official said. Users should be "confident that their data is not ultimately going back to the Chinese government, and what they're watching is not being directed by or censored by the Chinese government."

In its court filing responding to the lawsuit, the Justice Department also said TikTok, under its current ownership structure, could help China develop long-term intelligence operations in the U.S. by gathering sensitive information on millions of Americans.

"The Chinese government’s authority over ByteDance enables it to gain access to and exploit that information to undermine U.S. national security, including by developing and recruiting intelligence assets, identifying American covert intelligence officers and assets, and blackmailing or coercing Americans," the department said.

170 million US users will lose out: TikTok

According to TikTok, 170 million Americans – and more than 1 billion people worldwide – use its platform to create, share and view videos. It has characterized the law – the Protecting Americans from Foreign Adversary Controlled Applications Act – as an assault on free expression.

"Never before has Congress expressly singled out and shut down a specific speech forum. Never before has Congress silenced so much speech in a single act," it told the D.C. Circuit Court of Appeals in a legal brief in June. TikTok was required by the law itself to file the suit directly in that court, which usually handles appeals.

The Justice Department shot back Friday that TikTok "collects vast swaths of sensitive data" from those 170 million U.S. users, including data on precise locations, viewing habits, private messages, and even data on users' phone contacts who don't themselves use the app.

"The United States has long been concerned that the Chinese government could use its robust authority to take control of these data and thus obtain 'access to Americans’ personal and proprietary information,' which China may stockpile and strategically deploy to undermine the United States’ security," the department said.

The department also said the Chinese government could covertly control TikTok's China-based algorithm for delivering videos to shape the content Americans receive "for its own malign purposes."

TikTok and the government both asked the circuit court to fast-track the case so that Supreme Court review can be sought before the ban would take effect. The court set a schedule that will allow it to hear oral arguments in September.

Contributing: Jessica Guynn