Section 8.2 Considerations of Waiver and Reservation

• Library: Civil Trial Practice 2015 Supp

II. (§8.2) Considerations of Waiver and Reservation

Because the courts are becoming more lenient with respect to the general manner and character of an opening statement, and because reversal is merely predicated on a clear abuse of discretion, the failure to give an “opening argument” is, in the author’s judgment, a potentially serious tactical error. In addition to advising the jury or judge as to the general nature of the case and the expected testimony and evidence, the opening statement gives counsel...