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 Massachusetts, as in other jurisdictions, an attorney's opening statement to the jury, or to the judge in a bench trial, is not considered evidence. Instead, it serves as an overview of the case from the attorney's perspective, outlining what they believe the evidence will show. The purpose of the opening statement is to provide a roadmap of the case to the jurors or the judge, highlighting the key facts and legal issues that will be presented. It is intended to be a persuasive narrative that sets the stage for the evidence that will follow. 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; evidence presented during the trial is what contributes to the final verdict.