Opening Statement - Trial Strategy Today

USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

DECEMBER 26, 2024

Here is an example of the use of “rules” in a recommended “Reptile” approach for opening statement: PLAINTIFF OPENING STATEMENT OUTLINE “Good morning” (Thats all you say and move on) IDENTIFY THE PRIMARY RULES (No more then three rules) A driver is required to watch the road and see what is to be seen.

Opening Statement

Opening Statement Objections Jury Instructions Witnesses

Don’t Say This to a Survivor

Attorney at Work

OCTOBER 7, 2021

Whether counseling your client or in your opening statement, to call these people “lucky” shows a lack of empathy and risks insulting them. Whether counseling your client or addressing someone in your mediation opening statement, to call these people “lucky” risks insulting them. He was lucky the cops got there so fast.”.

Opening Statement

Opening Statement Mediation

5 Things NOT To Do In Your Mock Opening Statement…And What To Do Instead

Mock Trial Nerd

MAY 7, 2019

Well, your opening statement is your audience’s first impression of your case, so it’s super important that you get it right! An opening statement is not argument. You’ve heard that you never get a chance to make a first impression.

Opening Statement

Opening Statement Case Theory Evidence

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How to Prepare a Mock Trial Opening Statement that Leaves Your Judge on the Edge of Their Seat

Mock Trial Nerd

MAY 15, 2022

That’s exactly what your opening statement will do: it will get them interested, tell them what they really need to know about the case… Source A good trailer grabs the audience’s attention, tells them what they need to know about the movie, and gets them excited about that movie.

Opening Statement

Opening Statement of Paul Atkins — Nomination Hearing Before the Senate Banking Committee

Securities Docket

MARCH 27, 2025

Source: Senate Banking Committee The post Opening Statement of Paul Atkins — Nomination Hearing Before the Senate Banking Committee appeared first on Securities Docket.

Opening Statement

How to Stop ‘Rough-Drafting’ and Learn to Speak with Precision During Presentations

Attorney at Work

SEPTEMBER 26, 2021

A lawyer stands up to make a presentation to colleagues, an opening statement or a motion to a judge. They have some kind of built-in resistance to committing to a period. Commas, ellipses and random question marks — yes. Periods — no. Here’s what I mean. And then, she’s off to “The Land of the Never-Ending Sentence.”

Opening Statement

WARNING: YOUR OPENING STATEMENT OR CLOSING ARGUMENT MAY BE USED AGAINST YOU

Temple University Beasley School of Law - Advocacy

JANUARY 16, 2024

It is rare, but the principle has been applied to treat an opening statement as a binding admission. Your words in an opening are grist for your opponent’s mill – they may be thrown back at you as promises that were broken or apparent concessions. GMC , 110 F.3d 3d 337, 340 (6 th Cir. United States v. Bentson , 947 F.2d

Closing Argument

Closing Argument Opening Statement Admissibility Pleadings

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

OCTOBER 31, 2024

Opening statement, witness examination & summation Depositions  Review all depositions & index for access at trial  Create summary of relevant testimony with index to access at trial  Decide how to use at trial. .  Index & make summary of relevant information for use at trial. Decide how to use at trial.

Cross-Examination

Cross-Examination Exhibits Opening Statement Interrogatories

What is Litigation Consulting, and How Can It Help Your Case?

Jonathan Leach LLC

OCTOBER 21, 2024

Formulate an Opening Statement- Your opening statement sets up your entire case, making it one of the most important parts of your argument. Litigation consulting can help you pull key pieces from your case to place in your statement to set the tone.

Litigation

Litigation Opening Statement Witnesses Objections

A SIMPLE SUMMARY OF TRIAL CONCEPTS

Plaintiff Trial Lawyer Tips

FEBRUARY 3, 2025

Opening Statement. There are many ways to approach the story you are going to tell in the opening statement. It is always better to use visual aids during the opening statement which will help shorten, simplify and help understanding by the jury. The 80/20 rule applies here.

Cross-Examination

Cross-Examination Opening Statement Jury Selection Evidence

Essential Steps for Effective Trial Preparation

Jonathan Leach LLC

AUGUST 7, 2024

This includes reviewing their statements, practicing direct and cross-examinations, and preparing them for potential questions from the opposition. Draft Opening and Closing Statements Your opening statement sets the stage for the trial, and your closing statement summarizes your case.

Trial Preparation

Trial Preparation Cross-Examination Case Theory Witnesses

Recognizing Strengths in the Other Side’s Case Might Make You More Persuasive

Sound Jury Blog

APRIL 8, 2024

He didn’t even acknowledge them in his opening statement. I went looking for this research after a recent experience in Seattle, Washington. The plaintiff attorney in this case chose to remain silent on a couple key weaknesses in his case.

Opening Statement

Opening Statement Defense Strategy Litigation

FASTER HORSES, YOUNGER WOMEN, OLDER WHISKEY & MORE MONEY

Plaintiff Trial Lawyer Tips

MAY 21, 2024

Their trial presentation whether in opening statement or witness examination consists of a story – the story of their client’s case. That’s done by compelling recitation of facts leading to only one logical conclusion and not by telling someone what they have to think. Great trial lawyers are great story tellers.

Evidence

Evidence Opening Statement Litigation Witnesses

Preparing the Transition of Your Mock Jury Trial to an Online Platform

Mock Jury Trials Online

MAY 18, 2021

A lot of the key components, such as witness analysis, exhibit analysis, opening statements, mock rulings, and so on, are still upheld in an online mock jury trial room. Online mock jury trials are not as different from in-person mock jury trials as you might think.

Opening Statement

Opening Statement Exhibits Evidence Witnesses

Visualization as a Tool to Enhance Performance: Picture Yourself in the Courtroom

The Successful Lawyer

JANUARY 13, 2022

Imagine giving your opening statement and let your theme and initial grabber bubble up. Feel your stomach churning; see the judge peering down at you from the bench. Making it more real will enhance the experience. Try Your Case in Your Mind First Let your subconscious go to work for you. Observe your opponent doing the same thing.

Cross-Examination

Cross-Examination Exhibits Rebuttal Closing Argument

Becoming a Better Orator in the Courtroom

Sound Jury Blog

FEBRUARY 3, 2025

These are just four simple rhetorical devices that can help make you a better orator in your opening statements and closing arguments. The plaintiff chose speed over safety when he did X.the plaintiff chose speed over safety when he did ythe plaintiff chose speed over safety when he did z.

Closing Argument

Closing Argument Opening Statement

OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

JANUARY 15, 2025

You tell it starting in jury selection and continue it through opening statement, direct examination, cross examination and argument. Control what the issue should be in the case by talking about that and not a lot of other side issues. Be consistent and stick to the main story You have a story to tell.

Cross-Examination

Cross-Examination Witnesses Direct Examination Depositions

OPENING STATEMENT DAMAGE CONCEPTS

Plaintiff Trial Lawyer Tips

FEBRUARY 27, 2024

Religion is an example of a issue that can be a factor that has to be dealt with both in voir dire as well as opening statement. The amount of the verdict you are seeking is another subject for opening statement as well as for voir dire. There are a variety of ways of going about this in the opening statement.

Opening Statement

Opening Statement Voir Dire Burden Of Proof Jury Selection

Getting Back to Basics in Trial Planning

Sound Jury Blog

SEPTEMBER 5, 2023

Therefore, as much as possible, push for a clear statement of the claims and pre-instructions pre-opening statements. Reference the claim or key wording of an instruction in your opening and with witnesses, e.g., “As you know the jury will answer separate questions on negligence and causation.

Witnesses

Witnesses Jury Instructions Evidence Opening Statement

Writing Tips From the Bench: Knowing When Less Is More

WA Bar News

DECEMBER 17, 2024

Do you expect the statement of facts to tell a story in the same way that, for example, in trial we tell a story in the opening statement? Do you expect it to be engaging in that way? I hope its engaging in that way. You know, its the drama. I think it typically is engaging in that way, in a good brief.

Opening Brief

Opening Brief Opening Statement Legal Arguments Litigation

See Your Case from the Jury’s Eyes: My Time in the Box

Your Trial Message

NOVEMBER 26, 2024

Guest post by Josh Haby: When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm, I studied Psychology and Law, and […]

Summons

Summons Litigation Voir Dire Opening Statement

5 Core Metrics + Psychographics to Measure Juror Bias in Civil Cases

Jury Analyst

MARCH 7, 2025

Platforms such as JuryAnalysts JurySimulator translate those clusters into heatmapped trial themesshowing which arguments ignite, calm, or divide specific juror mindsetsso counsel can finetune opening statements and witness order. New Tools and Methods Building on these strategies, newer technologies are refining how bias is analyzed.

Voir Dire

Voir Dire Jury Selection Education Witnesses

5 Core Metrics + Psychographics to Measure Juror Bias in Civil Cases

Jury Analyst

MARCH 7, 2025

Platforms such as JuryAnalysts JurySimulator translate those clusters into heatmapped trial themesshowing which arguments ignite, calm, or divide specific juror mindsetsso counsel can finetune opening statements and witness order. New Tools and Methods Building on these strategies, newer technologies are refining how bias is analyzed.

Voir Dire

Voir Dire Jury Selection Education Witnesses

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

NOVEMBER 17, 2024

Remind the jury in jury selection, opening statement, witness testimony and in final argument the law only requires proof that something is more likely than not.

Burden Of Proof

Burden Of Proof Jury Instructions Jury Selection Evidence

Judges in Missouri Can Levy Death if Juries Deadlock. Some Say the Law Is Unconstitutional.

The Marshall Project

JUNE 26, 2025

Opening Statement Sign up for our daily newsletter covering the best in criminal justice news. In denying a stay for Kevin Johnson before he was executed in 2022, the court emphasized that the jury had found the aggravators, weighed them and decided on death.

Opening Statement

Opening Statement Court Rules Witnesses Evidence

How Sean Combs Got a Partial Acquittal

Practice of Law

JULY 9, 2025

In her opening statement, Combs' attorney Teny Geragos told jurors that they may think Combs was "a really bad boyfriend," but that didn't mean he was a sex trafficker. They alleged that the sex acts were consensual and that the drug use was not forced. That defense strategy paid off.

Cross-Examination

Cross-Examination Witnesses Opening Statement Defense Strategy

Other Barks & Bites for Friday, September 13: Congress Makes Moves on Key IP Bills; Google Deals with Trademark, Patent and Antitrust Cases

IP Watchdog

SEPTEMBER 13, 2024

This week in Other Barks & Bites: the Patent Trial and Appeal Board (PTAB) upholds an Apple patent in its dispute with Masimo; the DOJ and Google make opening statements in the monopoly case against the tech giant; the White Stripes sue the Trump campaign for copyright infringement; and a number of major IP bills move closer toward becoming law (..)

Opening Statement

Trial Strategy Today