North Carolina Jury Instruction - Preliminary Instructions Before Opening Statements - Long Form
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FAQ
Present the theme of the case concisely (usually within one or two sentences) and create a sense of emotion for the jury. Tell a progressive story, usually using a chronological timeline of events to assemble the facts logically. Identify witnesses and address factual evidence when necessary.
?The purpose of an opening statement is to permit the parties to present to the judge and jury the issues involved in the case and to allow them to give a general forecast of what the evidence will be.? See State v.
An Introduction: Attorney identifies themself (or not) A typical introduction: ?Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.? ... A theory of the case. One or two sentences which tell the jury what your case is about. ... Briefly tell the jury why they are there.
Sample Opening Statement. Your honor, ladies and gentlemen of the jury, today the people are charging Jes Markson with violations of the California penal code 187 and 188. We are charging Jes Markson with willful, deliberate, First-Degree Murder of Taylor Rodriguez.
Jurors are not supposed to form an opinion on the case until they have heard all of the evidence. ingly, as stated above, arguments are improper during opening statements, because arguments may not precede the introduction of evidence.
Prosecutors and defense attorneys generally have considerable latitude in what they're allowed to say in opening statement. That said, they're not allowed to "argue" (argument is saved for closing), nor are they allow to refer to inadmissible evidence or facts they don't intend to or can't prove.
The purpose of opening statements by each side is to tell jurors something about the case they will be hearing. The opening statements must be confined to facts that will be proved by the evidence, and cannot be argumentative. The trial begins with the opening statement of the party with the burden of proof.
An opening statement is the most important points in a trial and it provides an attorney with an opportunity to engage with the jury about their case. An opening statement should always include an introduction; a body, which includes a story and a discussion of disputes and weaknesses; and a conclusion.