An attorney’s opening statement to the jury (or judge in a bench trial) is not evidence, and is intended to be a forceful and persuasive summary of the case.
In Arizona, as in other jurisdictions, an attorney's opening statement to the jury, or to the judge in a bench trial, is not considered evidence. It is intended to provide a roadmap of what the attorney believes the evidence will show during the trial. The opening statement is the attorney's opportunity to outline the case for the jury, introduce the key themes, and highlight the evidence that will be presented, all in a persuasive manner. However, it is important for jurors to understand that the statements made by the attorneys during these openings are not themselves proof of the facts of the case; evidence presented during the trial is what they should rely upon when deliberating. The judge typically instructs the jury on this distinction to ensure that they understand the role of the opening statements in the context of the trial.