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 Colorado, 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 facts, and set the stage for the evidence that will be presented. It is designed to be a persuasive and strategic summary of the case, but it is important for jurors to understand that the statements made during this time are not themselves evidence and should not be treated as such. The evidence will be presented during the trial through witness testimony, documents, and other exhibits. The jurors are instructed to base their verdict solely on the evidence admitted during the trial and the law as instructed by the judge.