How to Write an Opening Statement

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.

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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.

Identify and understand your audience and what your tone should be. When you deliver your opening statement at trial, your audience is going to be the jurors. In order to write the best possible opening statement, you will want to know as much about your jurors as possible. Understand the educational and cultural diversity of your jurors, as well as any likes or dislikes they may have hinted at during prior proceedings. The tone of your article should match the audience you are speaking to. You will want to craft your opening argument to make it easily accessible to your jurors without making it oversimplified or rude. [3] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source