10-A Civil

• Jurisdiction: Arizona

A. Civil

The opening statement is the most important part of the trial. This is the first chance the lawyers get to use their powers of persuasion.

The opening statement “shall be confined to a concise and brief statement of the facts which the parties propose to establish by evidence on the trial.” Ariz. R. Civ. P. 39(b). The federal rule is identical to the state rule. LRCiv 39.1.

The Arizona Supreme Court has stated:

The purpose of an opening statement is to advise the jury of the facts relied upon and the questions and issues involved, which the jury will have to determine and to give them a general picture of the facts and the situations, so that they will be able to understand the evidence . . . .

State v. Burruell, 98 Ariz. 37, 401, 401 P.2d 733, 735-736 (1965) (quoting State v. Erwin, 101 Utah 365, 422-424, 120 P.2d 285, 311-313 (1941)

Technically, lawyers are not supposed to “argue” during opening statements. Turley v. State, 48 Ariz. 61, 59 P.2d 312 (1936). Counsel are also not supposed to state their personal beliefs. E.R. 3.4(e), Arizona Rules of Professional Conduct. In reality, however, lawyers must persuade the jury during opening statements.

Most trial lawyers prefer...