Opening Statement

Opening statement gets a focused chapter that distinguishes itself from summation and from argument: this is the lawyer’s first chance to plant a story, theme, and theory of the case. The chapter walks through opening as derivative of the planned final argument, jury versus bench scope, structure and segments, and a long content section covering parties and witnesses, the event, surrounding circumstances, exhibits, claims and defenses, the law, burden of proof, and damages. Technique sections cover offensive and defensive postures, anticipating defenses, asserting promises, qualifying remarks, and the line between proper preview and improper argument. The chapter suits any trial advocacy course where students must perform openings — it provides both the doctrinal limits and the rhetorical scaffolding.