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 Oregon, 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 case strategy. The attorney's remarks during the opening are designed to be persuasive and to prepare the listeners for the evidence that will be presented, but they are not themselves a form of evidence and should not be treated as such by the jury or judge.