Question:

I need help writing an opening statement.?

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In my law class, I got picked to write the opening statement for a trial and have no clue how to do it. I just need to know how to format and all. I've read some pamphlets on it, but still do not understand it. If you could help me out I would appreciate it, in detail if you can! Thank you :)

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  1. It is a review of the case, you use brief statements and opinions about every part of the case.


  2. Opening statements are statements; they are nor arguments.  Generally, you are limited to telling the jury (or judge in a non-jury trial), what it is the evidence will show.  So, two quick examples / outlines:

    FOR THE PROSECUTION IN A CRIMINAL CASE:

    Good morning and may it please the court.  My name is Dudley Doright and I represent the people of the state of X.  This is a case about a horrible murder.

    Over the next few days, you are going to hear from a number of witnesses.  They are going to tell you what happened on August 29, 2008 and why it happened.  One thing is certain:  the evidence will show that on that night, right here in Metropolis, that man sitting over there shot and killed Victor Victim.

    The evidence will show that earlier that evening he went to his friend's house, Aaron Accomplice and borrowed his gun.  The evidence will show that he took that gun, not in his car and drove to Victim's place of business.  You will hear evidence that he waited for Victim to punch out and waited for him to walk to his car.  The evidence will show, beyond any reasonable doubt, that the defendant walked up to victim and shot him in the head, killing him

    FOR THE DEFENSE:

    May it please the court.  Good morning, my name is Don Defender and I represent Ian Innocent, the defendant.  You just heard a long opening statement from Mr. Doright, but remember, this case is about evidence; it's not about what he says or what I say.

    The evidence in this case will show that my client,. Don, is completely innocent.  As the judge will explain to you, the state has the burden of proof.  If the state does not prove its case beyond a reasonable doubt, you must acquit.

    The evidence will not show that Don went and borrowed a gun from accomplice.  In fact, you should pay close attention to Accomplice's testimony.  You will learn that he cut a deal with the state to finger my client in exchange for which he will not be prosecuted for having a gun.  The evidence will show that there are at least 3 possibilities about what happened with that gun:  one, Accomplice kept it and shot Victim himself.  Two, he loaned the gun to his brother, who may have been the killer.  Three, if you believe Accomplice -- and you shouldn't -- he loaned the gun to Don  As you long as you accept that those three things are reasonably possible, you must acquit.

    Further...

    Good luck.

  3. You don't say what the trial is -  and whether you're defence or prosecution - but as a general rule of thumb - opening statements usually detail what the person is accused of doing and how you're going to prove or dis-prove that they are the person responsible for the crime - hope this helps!

  4. You've got to be kidding. Pick a new major.

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