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 Virginia, 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 opening statement is an opportunity for the attorney to outline the case, introduce the key facts, and set the stage for the evidence that will be presented. It is designed to be a persuasive narrative that frames the issues in a light favorable to the attorney's client. However, it is important for jurors and judges to understand that the statements made during these openings are not themselves evidence and should not be treated as such. They are merely arguments or assertions that will need to be supported by actual evidence during the course of the trial.