9.36 - E. Opening Statements And Summations

• Jurisdiction: New York

E. Opening Statements and Summations

Because opening statements and summations are not always recorded, an appellate court will be unable to review any claim of error or inappropriateness during the opening statements or summations if you do not make a record.²¹⁶² Therefore, request that both the opening statements and summations be transcribed to preserve any objections or objections to prejudicial comments. A trial court’s refusal to have summations recorded, if you specifically request it to do so, is error.²¹⁶³

Once the opening statements and summations are on the record, you should...