Legal Definitions - opening statement

An opening statement is the initial address made by a lawyer to the jury or judge at the very beginning of a trial. Its primary purpose is to provide a roadmap of the case, giving the fact-finder a concise overview of the facts, the evidence that will be presented, and what the lawyer intends to prove. It sets the stage for the trial by introducing the parties involved and outlining the core issues in dispute, but it is not meant to be an argument or to persuade the jury directly.

Here are some examples of how an opening statement functions in different legal contexts:

• Criminal Trial: Imagine a prosecutor in a case where a defendant is accused of grand theft. In their opening statement, the prosecutor might tell the jury, "You will hear testimony from the store manager who witnessed the defendant taking merchandise without paying. You will see surveillance footage clearly showing the defendant's actions, and you will hear from the police officer who recovered the stolen items from the defendant's car. This evidence will demonstrate beyond a reasonable doubt that the defendant committed grand theft."

  This illustrates an opening statement because the prosecutor is not yet presenting evidence or arguing guilt. Instead, they are previewing the witnesses and types of evidence (testimony, video, recovered items) that will be introduced later in the trial, explaining what they expect this evidence to prove about the defendant's actions.

• Civil Personal Injury Case: Consider a lawyer representing a client who suffered injuries after slipping on a wet floor in a restaurant. In their opening statement, the lawyer might say, "The evidence will show that our client, Ms. Chen, entered 'The Golden Spoon' restaurant and, due to a persistent leak from the ice machine that management failed to address, she slipped and fractured her hip. You will hear from medical experts detailing the extent of her injuries and the long-term impact on her life, and you will see internal restaurant memos highlighting previous complaints about the leak. We will prove that the restaurant's negligence directly caused Ms. Chen's severe injuries."

  This demonstrates an opening statement because the lawyer is providing the jury with an initial narrative of what happened, outlining the key facts (the leak, the fall, the injury), and previewing the evidence (medical testimony, internal memos) that will be used to establish the restaurant's responsibility and the extent of the damages sought, without yet presenting the actual evidence or making a final argument.

• Civil Contract Dispute: Suppose a small business is suing a larger corporation for breach of contract after the corporation allegedly failed to pay for services rendered. The small business's lawyer, in their opening statement, might explain, "We will present the signed service agreement between our client, 'Innovate Solutions,' and 'Global Corp,' clearly outlining the deliverables and payment schedule. You will see email correspondence confirming the completion of all agreed-upon services, and invoices that went unpaid for months. This evidence will establish that 'Global Corp' failed to uphold its contractual obligations, causing significant financial harm to 'Innovate Solutions.'"

  This exemplifies an opening statement because the lawyer is setting the stage for the jury by explaining the nature of the dispute (breach of contract), identifying the key documents and communications (signed agreement, emails, invoices) that will be introduced, and stating what they intend to prove (that 'Global Corp' violated the contract), all before any witnesses are called or documents formally admitted as evidence.