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 Maine, 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 perspective of the prosecution or defense. The purpose of the opening statement is to outline the facts that the attorney intends to prove, the legal theories they plan to apply, and to provide a roadmap of the case to the jurors or the judge. The statement is designed to be a persuasive narrative that sets the stage for the evidence that will be presented during the trial. It's important for jurors and judges to understand that they should not base their verdict solely on the opening statements, as these are not subject to the rules of evidence and are not tested through cross-examination or other trial processes.