An opening statement provides the initial opportunity to set the tone for the trial. In this moment, you introduce the key players, outline the key events of the case, and, most importantly, establish a connection with the jury by integrating the facts, emotions, and legal principles that will guide their understanding of the trial. The judge will instruct the jury on the law, so you must present it clearly and understandably – without overstepping the judge’s role. While emotional appeal is vital, the primary goal of the opening statement is to foster trust and credibility with the jury. The opening statement is more than a mere introduction; it is a strategic compelling narrative that resonates with the jurors’ sense of fairness and justice.[1]
At the end of the day, it is the jury who decides the outcome of your case. The opening statement is your first impression, and it is one of the most important parts of the trial. Studies show that people often cling to their initial beliefs when presented with new information. Jurors will often stick to their initial impressions of a case, so an effective opening statement must be both persuasive and memorable.[2] To be persuasive and memorable in an opening statement, focus on telling a compelling and coherent story. You want the story to resonate with the jury emotionally and logically. Use clear and vivid language to highlight the key facts and theme of your case, while also addressing any weaknesses in a way that demonstrates credibility and honesty. Engage the jury by establishing a connection, making them feel invested in your client’s journey. Maintain a confident, calm demeanor throughout, and avoid overwhelming them with excessive details. A well-crafted, persuasive opening statement should leave a lasting impression and set the tone for the rest of the trial.
When presenting your case at trial, your case should have a theme and theory that is received first through your opening statement but used throughout the whole case. A theme is the central idea or concept that ties together the facts, evidence, and arguments in a way that is catchy and memorable. You want the jury to enter the deliberation room and remember your theme. It serves as a guiding narrative that frames the case and helps the jury understand the broader message you’re trying to convey. A theory of the case is the overarching explanation of how and why the facts and evidence support your position in the trial. It provides a logical framework that offers a clear, persuasive narrative of what happened and its legal significance. It identifies the key facts that support your side and explains how the law applies to those facts, helping the jury understand why they should rule in your favor. Essentially, the theory of the case is your version of the truth, presented in a way that makes it the most credible and compelling interpretation of the evidence.
There isn’t a single “perfect” way to write an opening statement—it’s all about personal style. Some prefer a straightforward, chronological story. Others might begin with a. dramatic flashback to the main event, then rewind to tell the full story. Ultimately, there are many effective ways to craft an opening statement. The key is to make sure it aligns with your personality and how you plan to deliver it.
Presenting the opening statement to the jury is just as important as the words that are said. Throughout the presentation, maintain eye contact with the jury, speak with conviction, and use pauses effectively to emphasize critical points. Do not just stand in one place, move with purpose. Remember, the goal is not to argue the case, but to lay a strong foundation that prepares the jury for what’s to come, fostering trust and setting a persuasive tone for the trial. It is at the beginning of the trial that you have the juror’s full attention. They are eager to learn what the case is about and how you will present it.[3] Use that to your advantage.
When I walked into my first mock trial competition at the beginning of my 2L school year, I had no idea what to expect. We were a team consisting of two 2Ls and two 3Ls. There were high expectations for us to do well. I had put in hours of hard work not just by myself but with my teammates, and I still felt like I did not know what was to come. What I did know was that I was about to be in Colorado at one of the top invitational competitions. I was going to be competing against the best of the best. I had never done an opening statement in this type of competitive environment. This was all completely new to me.
Growing up playing competitive softball, my dad always used to tell me, just be confident, go out on the field and let your talent speak for itself. So, I used to step on the pitching mound and act like every one of my pitches was its best that day, even though I secretly knew maybe my changeup or my screwball was not working. I knew if I could project enough confidence in my abilities, it would intimidate the batters I was facing. That was the same attitude I needed to take to Colorado. It was no different than softball, only the setting had changed. I knew I needed to get up in front of the evaluating jurors and the judge and give my opening statement with the utmost confidence even though it was a very overwhelming experience. When I stood up to give my opening statement, I felt the nerves flooding in. I felt like I couldn’t remember anything I wanted to say. I got through my opening statement the two rounds I competed in, and it went fine; but I knew I had more in me. I was so worried about what I had written on my paper when I should have been focused on the bigger picture of the opening statement. I didn’t realize at the time that it didn’t matter whether I repeated every word I had written on my paper. It was about being strategic with my words and presenting my story with confidence. Every moment in that Colorado courtroom was a lesson for me – a lesson that I took to heart and was ready to apply in my next competition, because “fine” wasn’t good enough for me.
My next competition came, and I was on a team consisting of all 2Ls. This time was different for me. I knew what to expect at the competition, I knew how to do an effective opening statement. The nerves subsided. I didn’t feel the same way that I felt at my first competition. I now understood that the opening statement wasn’t just a formality, it was the first and my best chance to tell my client’s story. It was my chance to tell a compelling story and to build credibility with the evaluating jurors and the judge. I transformed my approach; I stopped focusing on making my written opening statement perfect and concentrated instead on how I would present it. I focused on what I would want to hear if I were a juror, and how I would want someone to present it to me. I spoke with confidence, I addressed the weaknesses of my case, I appealed to the emotion of the jurors, and I was honest. My goal wasn’t to argue, it was to lay out exactly what the evidence would show throughout the trial, to be likable and to earn the trust of my listeners. In that competition, my team was awarded second place overall, and I was awarded the Best Opening Statement. Even though mock trial started out as such an overwhelming experience for me, I can’t imagine my law school journey without it; it has even brought out a passion I never knew I had, and that’s being in the courtroom.
My advice: Approach your opening statement with the unwavering confidence that you’re the best at what you do—because when the jury feels that confidence, they will trust you throughout the trial. The most important element of not just the opening statement, but the entire trial, is to be authentic. Trying to be someone you’re not will be apparent to the jury and may come across as insincere. When you stay true to yourself, the jury is more likely to connect with you and develop trust in you, which is crucial for your case; it all begins with the opening statement, so make sure you master it.
[1] Trial Lawyers College, Crafting Compelling Opening Statement and Closing Argument, Maximize Your Trial Skills(2023), https://triallawyerscollege.org/crafting-compelling-opening-statement-and-closing-argument (last visited Apr. 29, 2025).
[2] Nikki Hurtado, Mastering Opening Statements in the Courtroom, Ferraro Law(2025), https://ferrarolaw.com/blog/2025/january/mastering-opening-statements-in-the-courtroom/ (last visited Apr. 29, 2025).
[3] Jeffrey T. Frederick, Ph.D., Persuasion at Trial: Opening Statements, National Legal Research Group, https://www.nlrg.com/our-services/jury-research-division/our-services/case-preparation/persuasion-at-trial–opening-statements (last visited Apr. 29, 2025).
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