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 Mexico, 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 through the presentation of evidence during the trial. It is designed to be a clear and persuasive narrative that sets the stage for the evidence that will follow. The attorney is not allowed to argue the case during the opening statement but is expected to summarize what they believe the evidence will show. Jurors and judges are instructed to base their verdicts solely on the evidence presented during the trial, not on the opening statements or closing arguments of the attorneys.