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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 New Jersey, 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 evidence that will be presented to support those claims. The opening statement is an opportunity for the attorney to be forceful and persuasive, setting the stage for the evidence that will follow. However, it is important for jurors and judges to understand that the statements made during this time are not themselves evidence and should not be treated as such. They are merely previews or summaries of what one side intends to prove through the actual evidence presented during the trial.

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Civil procedure

opening statement

Individual & Family Legal Plan

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New-Jersey State Code

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Civil procedure

opening statement

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