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Civil procedure

opening statement

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 Louisiana, 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 purpose of the opening statement is to give the jury or judge a general overview of the facts of the case and the legal claims being made, as well as to outline the case strategy. It is an opportunity for the attorney to be forceful and persuasive in presenting their client's position before the evidence is actually presented. However, it is important for jurors and judges to understand that the opening statements are not to be taken as proof of the facts stated within them; they are merely argumentative and persuasive tools used to frame the forthcoming evidence in a light favorable to each side's case.

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Civil procedure

opening statement

Individual & Family Legal Plan

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Louisiana State Code

Louisiana State Code

Civil procedure

opening statement

Articles