An opening statement is generally the first occasion that the
trier of fact (
jury or
judge) has to hear from
counsel in a
trial, aside possibly from questioning during
voir dire. The opening statement is generally constructed to serve as a "road map" for the fact-finder. This is especially essential in jury trials, since jurors (at least theoretically) know nothing at all about the case ahead of time. Though such statements may be dramatic and vivid, they must be limited to the
evidence reasonably expected to be presented during the trial. Attorneys generally conclude opening statements with a reminder that at the conclusion of evidence, the attorney will return to ask the fact-finder to find in his or her client's favor.
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first remarks, general explanations given by lawyers at the beginning of a trial before calling witnesses
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