9.16 Opening Statement

• Library: Medical Malpractice Law in Virginia (Virginia CLE) (2017 Ed.)

9.16 OPENING STATEMENT

9.1601 Introduction. Like many aspects of trial practice, the style and method of an opening statement can vary widely. By the time counsel begins an opening statement, he or she will already have been introduced to the jury at least twice: once by the judge at the beginning of the trial proceedings and again by counsel during voir dire. Nonetheless, counsel should ensure that the jurors know counsel and the client by name. Beyond names, the client should be introduced by background in such a way as to make the jurors feel that they know the client, or at least know people like the client.

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Counsel should move as freely as the courtroom setup and the judge will permit, maintaining eye contact with the jurors and looking from juror to juror throughout. The defendant should maintain eye contact with the jury during opening as well. The defendant needs to be engaged in the trial at all times, as the jury will be watching the defendant. The two primary reasons for giving an opening statement are: (i) to lay out the facts from the defense perspective and (ii) to establish credibility and rapport with the jury.

The impression that the jury forms during opening statements will be based partly upon...