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 Pennsylvania, 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 rather to provide a roadmap of what the jury or judge can expect to hear. The opening statement is an important part of the trial process as it can shape the jury's understanding and expectations of the forthcoming evidence.