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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 Montana, 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 give the jury or judge a general overview of the case, including the key facts that will be presented and the legal theories that will be applied. The purpose is to prepare the listeners for the evidence that will follow and to persuade them of the merits of the case from that attorney's perspective. However, it is important for jurors and judges to understand that the opening statement itself does not contain evidence and should not be treated as such. Instead, it is an outline or preview of the case that will be built through the presentation of actual evidence during the trial.

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Understanding the Opening Statement in Civil Litigation: A State-by-State Perspective

Master the opening statement in civil litigation! Learn its role and state-specific rules to effectively present your case and understand legal nuances.

Civil procedure

opening statement

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

opening statement

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