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 York, 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 what the attorney believes the evidence will show during the trial. The purpose of the opening statement is to provide a roadmap of the case to the jurors or the judge, outlining the facts that will be presented and the legal arguments that will be made. The opening statement is meant to be a persuasive narrative that sets the stage for the evidence that will follow, but it is important for jurors to understand that the statements made by the attorneys during this phase are not themselves to be taken as proof of the claims or defenses.