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Opening Statement
An opening statement is a brief preview each side gives to the jury or judge at the start of a trial, outlining what they expect the evidence will show.
What it actually is
It occurs after jury selection and before any witnesses testify. The lawyer for each side summarizes the facts they intend to prove, but does not argue the case or draw conclusions. The opening statement is not evidence itself; it is merely a roadmap of what the evidence will be.
Why it matters in your case
It helps the jury understand the context of the evidence as it is presented, making the trial easier to follow. A weak or confusing opening statement can undermine a party’s credibility before any evidence is heard.
The common misunderstanding
Many people mistakenly believe the opening statement is where lawyers argue their case or make emotional appeals. In reality, it is strictly a factual preview, and arguing or stating personal opinions during the opening can be objected to and stopped by the judge.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.