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Trial Ad – Principles Hazel, Fall 2001 Outline Opening Statement Hazel’s article Introduction. Jurors should make up their minds about the case after opening statement 100% of the time. The only reason for this not happening is if (a) the opening doesn’t fairly present what the evidence will be, (b) there are unfulfilled promises, and/or (c) if some jurors make up their minds based on things outside the evidence. What is permitted. Parties may give a brief statement of (a) the nature of their claim, (b) what they expect to prove, and (c) the relief sought. What is the purpose. Supplying the jury with a framework in which to consider the evidence and highlighting the positive points of your case. Voir dire is for wart-revealing; opening statement is for positives. How to do it Tell a story. Make it easy to remember. Put your best foot forward. You revealed your warts during voir dire. Now’s the time to be positive. Don’t exaggerate. Don’t say things you can’t prove. If the other side does this, let them do it and don’t object. Instead, nail them with it during jury argument. Avoid argument which will draw objections. Judges are likely to sustain an objection to argument during voir dire and opening. (See article for different ways of handling the “what the lawyer says is not evidence” objection.) Keep it short and simple. “KISS” principle. You can completely prepare this in advance. Know the theme of your case, the best facts for your side, and be able to state them swiftly and succinctly - without notes. Defense opening may have to tailor slightly, but not much. Don’t waive or reserve opening. No matter how long voir dire was, give an opening. Opening may in fact be more important after a long voir dire. It is essential to get the jury focused on the good aspects of your case. Defense should not reserve opening for two reasons: (a) jury will expect to hear something and (b) if they don’t hear anything, there’s no counter to what