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Opening Statements

Create a strong first impression.

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What is an Opening Statement?

An opening statement is the first time you speak in a trial, you introduce your side of the case and outline what you will present during the course of the triall. It should cover what your sides witnesses will testify and how that proves your case, and give a basic understanding as to what will on cross. The Opening Statement cannot explain what will happen on cross examination, they can only predict it. For that reason, they function sort of as a story, to lay the key themes of their side's case and paint the accused as either guilty, or not guilty, in order to lay proper foundation for the case they are about to present. Think of it like a sketch: the lawyer is drawing an outline for what is going to happen during the trial.This is not an argument, its when the foundation of the case is laid, think of it like a preview.

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A strong opening helps the judge understand:

  • What happened

  • What your side believes

  • What to look for during the trial​

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Why it matters​

A strong opening statement can:

  • Grab the judge’s attention

  • Make your case easier to follow

  • Set a tone

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How to Structure an Opening Statement

Most strong openings follow a simple structure:

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  • Introduction: Introduce yourself and your side (prosecution/plaintiff or defense)

  • Hook: Some teams match their first sentence of the opening and closing, or start with a shocking statement. Usually, the first sentence is more of a saying or moral statement rather than a fact about the case, ex. You can’t call yourself a responsible adult when you turn the other way when the rules are broken

  • Story: Briefly explain what the case is about, the order of events, key witnesses, overarching themes, ect.

  • Direct examinations: Highlight the most important facts the judge should remember for your witnesses and how they are important

  • Cross examinations: Explain what your cross attorenys will do, but do not explain what a witness will testify as that hasn't happend yet.

  • Conclusion: A clear and confident summary

  • Verdict: Request the verdict you are seeking

  • Thank the judge

Example 

“Good afternoon, Your Honor. My name is Attorney Smith, and I represent the defense. A good friend has her future at stake, all because of a lie. On March, 25, 2026, Ms. Baker was falsely identified as the women who trespassed on and broke in to Mr. Cars property. Now, Ms. Baker has been a good friend of Ms. Car for years. They went to school together, even committing to the same college, and have continued that friendship since. On February 3rd, 2026, Ms. Cars property was broken into, and she claimed that the perpetrator was my client, Ms.Baker. Your Honor, this couldn’t be further from the truth, Ms.Baker has an alibi, and as the testimony will show today, she did not and would never try to steal from Ms.Car, let alone break into her house. Today we will call to the stand Ms. Baker, who will testify that she was not on Mr.Cars property at the time of the trespassing and break in. Next, we will call Mr. Brown, Ms. Bakers brother, who will testify to the closeness of Ms.baker and Mr.Car's relationship and finally, we will call Mr. Cars neighbor, Ms. Judy, to testify that she did not identify the trespasser as Ms. Baker. Today, the prosecution will try to frame Ms. Baker as a greedy trespasser, out to steal Mr.Cars money, but that couldn't be further from the truth. Their witnesses will provide inconsistent testimony on cross examination, and none of them ever had a close relationship with Ms. Baker. Overall, this is a case about bias, and a jealous Mr.Car who was plotting for just the right moment to get back at Ms.Baker after she married her secret ex-boyfriend. The prosecution bears the burden of proving ____ in order to prove ____ charges, today they will not meet this burden. For these reasons, at the conclusion of this trial, we request that you will find the defendant not guilty. Thank you, Your Honor."

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This is a very, very short opening that was written to demonstrate the structure of an opening. For a real mock trial, it should be a few pages long and go into much further depth about the facts of the case and what your side will present, as well as the charges. 

Common Mistakes

  • Arguing instead of explaining

  • Including too many details

  • Speaking too quickly or nervously

  • Not having a clear structure

  • Reading without engaging (hand movement, walking, varying tone, ect)

Practice

Try writing your own opening statement based on your case, or the case on our website, in under 10 scentecnes to get a feel for the “bones” of an opening.

As always, listen to an opening on youtube or online!

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