The Opening Statement
The opening statement should introduce the attorney and his/her client and tell the jury what the case is all about. It is the attorney’s first opportunity to present the jury with a clear and concise description of the case from his or her client’s perspective. But the opening statement is not an argument. The attorney may not infer from or plead the facts of the case that he/she expects to prove during the trial. The purpose of the opening statement is to tell the jury what the case is about and what you expect the evidence will show.
Opening StatementsThings to Remember
Mock Trial University Video Series |
Theory of the Case
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mock_trial_opening_statement_worksheet.doc | |
File Size: | 48 kb |
File Type: | doc |
Mock Trial Practice Record | |
File Size: | 51 kb |
File Type: | doc |
Mock Trial Opening Statement Speech Rubric | |
File Size: | 70 kb |
File Type: | doc |
Mock Trial Opening Statement Speech Self Evaluation | |
File Size: | 44 kb |
File Type: | doc |
**The view points depicted in these videos are those of the individuals themselves and do not indicate any position taken by the instructors of the Shepard Academy and are used only for instructional and discussion purposes.
State of Florida v. George Zimmerman
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State of Florida v. George Zimmerman
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State of Arizona v. Jodi Arias
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State of Arizona v. Jodi Arias
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State of Florida v. Casey Marie Anthony
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State of Florida v. Casey Marie Anthony
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Hollywood's Opening Statements
"A Few Good Men" |
"Philadelphia" |
Open Statement Script
Prosecution and Defense:
Thank you your honor.
May it please the court, ladies and gentlemen of the jury, my name is __________ counsel for (state who is bringing charges or the defendant Mr.(s) name of the defendant/ the person (s) being charged with the crime.
Prosecution Only
This case involves (summary/ overview of the key facts that are important to your case. Retell the story by presenting your theory of the case in a simple and easy way for the judge or jury to remember) You are the story teller.
Defense Only
You have heard from the prosecutor that (insert what the prosecutor has presented or what you anticipate will be brought up during their opening statement.) This is what the prosecution got wrong and why you have no other option than to find my client (name of client) not guilty of the charges against him/her.
Defense Only
Here is what really happened: (summary and overview of the key facts that are important to your case. Retell the story by presenting your theory of the case in a simple and easy way for the the judge or jury to remember).
Prosecution and Defense
We will be calling three witnesses to support our position that ________. Our first witness will be (name of witness & occupation), who will tell you that _________ (identify key points/ evidence the witness will support.) S/he will (explain, summarize, describe). This testimony will support our position that _______ by (make the connection of the witness to your theory of the case and what you intend to show during the trial). The next witness we will call is _________ (name of witness & occupation) who will tell you that (see witness #1 for items to include). The third witness we intend to call is (name of witness) who will tell you that (see witness #1 for items to include).
Prosecution Only
As the Prosecution in this case we have the burden of proof which is the requirement to prove to you beyond a reasonable doubt that the (defendant's name) committed (restate the charges or against they are accused of having committed) Bullet point the evidence/ witness statements that "prove" the defendant is guilty
Defense Only
Through these witnesses and evidence we will show that (describe the elements of the law and how it applies to your case. What are the charges how do you hope shown that the prosecution has failed to meet their burden of proof and what reasonable doubt the jury or judge should use to find your client not guilty.
DEFENSE
Through these witnesses and evidence
Ladies and gentlemen of the jury, it is your responsibility to listen attentively to the statements of the witnesses and to determine the facts in this case.
Prosecution/ Defense
At the end of the trial we are certain that you will decide that (state what you want the judge and/ or jury to consider in deciding in your favor.)
Thank you.
(A test of a good opening statement is this:)
If the jurors heard the opening statement and nothing else, would they understand what the case is all
about and would they want to decide in your favor?
Thank you your honor.
May it please the court, ladies and gentlemen of the jury, my name is __________ counsel for (state who is bringing charges or the defendant Mr.(s) name of the defendant/ the person (s) being charged with the crime.
Prosecution Only
This case involves (summary/ overview of the key facts that are important to your case. Retell the story by presenting your theory of the case in a simple and easy way for the judge or jury to remember) You are the story teller.
Defense Only
You have heard from the prosecutor that (insert what the prosecutor has presented or what you anticipate will be brought up during their opening statement.) This is what the prosecution got wrong and why you have no other option than to find my client (name of client) not guilty of the charges against him/her.
Defense Only
Here is what really happened: (summary and overview of the key facts that are important to your case. Retell the story by presenting your theory of the case in a simple and easy way for the the judge or jury to remember).
Prosecution and Defense
We will be calling three witnesses to support our position that ________. Our first witness will be (name of witness & occupation), who will tell you that _________ (identify key points/ evidence the witness will support.) S/he will (explain, summarize, describe). This testimony will support our position that _______ by (make the connection of the witness to your theory of the case and what you intend to show during the trial). The next witness we will call is _________ (name of witness & occupation) who will tell you that (see witness #1 for items to include). The third witness we intend to call is (name of witness) who will tell you that (see witness #1 for items to include).
Prosecution Only
As the Prosecution in this case we have the burden of proof which is the requirement to prove to you beyond a reasonable doubt that the (defendant's name) committed (restate the charges or against they are accused of having committed) Bullet point the evidence/ witness statements that "prove" the defendant is guilty
Defense Only
Through these witnesses and evidence we will show that (describe the elements of the law and how it applies to your case. What are the charges how do you hope shown that the prosecution has failed to meet their burden of proof and what reasonable doubt the jury or judge should use to find your client not guilty.
DEFENSE
Through these witnesses and evidence
Ladies and gentlemen of the jury, it is your responsibility to listen attentively to the statements of the witnesses and to determine the facts in this case.
Prosecution/ Defense
At the end of the trial we are certain that you will decide that (state what you want the judge and/ or jury to consider in deciding in your favor.)
Thank you.
(A test of a good opening statement is this:)
If the jurors heard the opening statement and nothing else, would they understand what the case is all
about and would they want to decide in your favor?