Definition of an Opening Statement
- Both the plaintiff and the defendant are permitted to issue opening statements for a trial. The statements summarize the facts of the case that will be presented and the plan for each side, explaining how that side will prove either the innocence or guilt of the person that is accused.
- The defendant chooses who gives the first opening statement. He can choose whether his opening statement is presented first or whether to wait until the plaintiff presents her opening statement.
- Evidence is not presented during the opening statements, according to Nolo. Attorneys are not presenting items for argument during the opening statement. Instead, they are preparing the jury for what will be presented during the trial.
- The opening statements present each side's beliefs and answer basic questions about the who what, when, where and how of the case.