Saturday, January 14, 2012

What do lawyers say as their opening statement?

You start with the phrase" "May it please the Court.." Then look at the Judge and wait for him/her to nod or give you a signal to begin. Then you say..."I am xxxx(introduce yourself for the record even if everyone already knows). Then say: "The evidence will show" and go through what you will prove through your testimony or the testimony of the other witnesses. In other words, this is the time to give a summary of your story. It would help to know more about the type of Court you are in or the type of trial. First, state only facts you can prove. This is not the place to attack your opponents' case--that's in the closing argument. After stating the facts, state what the law is. Finally, in your opening, show how YOUR facts relate to the law. For example, "The engagement ring was a gift to me. The law of (your state here) is that gifts do not have to be returned. The ring was certainly not a loan and it is now my property". That's just an example, of course. You are standing this entire time. Speak into the microphone. If you need to have the Judge read something, say "may I approach the bench?' When you are finished, say "I thank the Court for its attention." If there is a podium, speak only from the podium. Don't wander around the Courtroom. Look directly at the Judge or jury. Do not address the opposing party or attorney directly. Make your remarks only to the Judge. NEVER interrupt a judge when he/she is speaking. Respond when the Judge is done speaking. I probably told you WAY more than you wanted, sorry.

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