CHAPTER 6: Emond Montgomery Publications 1 Opening Statement

Introduction Basic rule of public speaking: Start by telling your audience what you are going to tell them Tell them Then tell them what you have told them The purpose of an opening statement is to inform the decision-maker about the case that he or she is about to hear Emond Montgomery Publications 2

Why Prepare an Opening Statement? Superior Court: Crown, plaintiff, or applicant is entitled to make an opening statement Accused, defendant, or respondent will make an opening statement before calling evidence Small Claims Court, Provincial Offences Court, administrative tribunal hearings: generally no opening statements Preparing an opening statement helps focus your thoughts on the case and will help you summarize your case clearly if asked An opening statement is the first opportunity you have to speak to a decision-maker Emond Montgomery Publications 3

Preparing Your Opening Statement The goal is to include all necessary information Not a detailed legal argument 1. Ask yourself what you would want to know if you were the judge 2. Set out the facts you intend to prove and why they are significant Emond Montgomery Publications 4

Format of an Opening Statement 1. State the Theme of Your Case: The theory of your case in 1-2 sentences 2. Identify the Parties: The plaintiff explains who the parties are/how they fit into the picture 3. State the Cause of Action (plaintiff) and the Defence (defendant) 4. State the Facts of the Case Consistent with Your Theory 5. State the Legal Issues: Identify the legal issues; do not refer to the relevant law or state how the issues should be resolved 6. State the Outcome You Desire: If you are claiming dollar amounts, do not go into detail Defendants usually request that the plaintiff’s case be dismissed Emond Montgomery Publications 5

Adjust Your Language for Oral Presentation 1. Keep your sentence structure simple 2. Keep your sentences short 3. Use introductory sentences instead of headings 4. Use words you know how to pronounce Emond Montgomery Publications 6

Plaintiff’s Opening Statement: The Kitchen Renovation Case See page 46 of Advocacy for Paralegals to read an example of an opening statement for the plaintiff Emond Montgomery Publications 7

Practise Your Opening Statement Be familiar enough with your opening so that you don’t have to read it Try to talk to the decision-maker You do not have to memorize your opening statement Your notes can help your pacing Use large print Leave white space between ideas to remind yourself to pause Practise … Speaking slowly The appropriate honorific: Your Honour, Your Worship, Ms. Adjudicator Speaking loudly and with expression Avoid “up-talk”: don’t make statements sound like questions Emond Montgomery Publications 8