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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 South Dakota, 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 opening statement is an important part of the trial process, as it provides the jury or judge with a roadmap of what to expect, but it is crucial for jurors and judges to understand that the statements made during this time are not themselves evidence and should not be treated as such.

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Civil procedure

opening statement

Individual & Family Legal Plan

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South-Dakota State Code

Civil procedure

opening statement

South-Dakota State Code

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