Opening Statements & Closing Arguments Metro Tech High School Mock Trial Program

First and Last Chance to Tell Your Side of the Story Opening Statement- first time jury will hear from you, first time they will hear your side of what the story is. What you say will color how they hear everything else. Closing Argument- last word you will get on the matter before the jury decides your fate. This is your last chance to put it all together and convince them to see the story your way.

Both should be prepared and rehearsed before an audience repeatedly beforehand. Both are done by one attorney standing before everyone at the podium by themselves. One student for each side will give the Opening & one student for each side will give the Closing.

Opening Statements

DO: -Outline your case, provide framework to analyze case Tell jury how you see facts and what you expect to prove Touch on the facts that seem to be against you Go in chronological or other orderly sequence DO NOT: Do not be argumentative Do not make any conclusions Do not refer to anything that may not be admissible Do not promise something you may not be able to deliver SIDES: If Defense, stress Prosecution has the Burden of Proof If Prosecution, explain Burden & how you plan to meet it

Opening Phrasing Examples: The evidence will show… The facts will indicate… You will hear witnesses testify that… Witness B will get on the stand and tell you… We will present to you evidence that will…

Closing Arguments

DO: Persuasively summarize strong points from witness testimony Point out your strongest fact or theme at beginning & end Point out the flaws in your opponents case Be well organized, outline the points you want to hit Be emotional & strongly appealing This is where you make your ARGUMENTS Wrap up everything the jury heard in the trial SIDES: If Prosecution, tell the jury you met your Burden of Proof If Defense, tell the jury who Pros did NOT meet their Burden of Proof Either side, ask jury for specific outcome- to find Guilty or Not Guilty

Remember! -DO NOT talk about something that was not presented in the actual trial -Rehearse several times beforehand and memorize your outline. -*Listen* to what witnesses say in their testimony during trial -*Pay attention* to what evidence comes in and is presented to the jury -Use outline format so that you are prepared to change portions of your closing last minute if something you expected to did not come out at trial or came out differently than expected during witness testimony.

Openings v. Closings Opening- Statement not Argument. Present your case’s story to jury. Tell them what you expect your witnesses to say, what the evidence will be, and what that evidence will show. Tell the story of why you are there & present a theme if possible. Tell them what result you want. Closing- This is when you Argue. You take everything that was presented at trial & put it together so that the jury sees the case how you want them to rule. Then ask them to rule in your favor- Guilty or Not Guilty. Be ready to change what you prepared if everything didn’t come out at trial like you had planned it to.