Section 8.7 Methods

• Library: Civil Trial Practice 2015 Supp

VI. (§8.7) Methods

Having considered the primary purpose and function of an opening statement, its dangers, and its permitted scope, it now becomes important to consider how one should effectively be made.

Obviously, prior preparation is extremely important, so that the facts can be presented in effective order. Repetition should be avoided. The jury will expect stated facts to be proved. If the plaintiff fails to prove a fact he or she promised to prove, the plaintiff may well expect the defendant to remind the jury of that during final argument. Both sides should make certain opening statements are recorded. Visual aids, though useful, are almost certain to draw objections, and, therefore, distractions. Cf. Annotation, Counsel’s Use, in Trial of...