By Kayla Sawyer, Rachel Copeland, and Crista Busche Opening statements By Kayla Sawyer, Rachel Copeland, and Crista Busche

Key points Structure the story logically Keep the story interesting Tell the complete story, but omit needless detail and clutter Make the story persuasive and not just interesting

To make an Interesting story Focus on the human interest aspects of the conflict and look for themes that go beyond the particular dispute such as the triumph of good over evil or the destructive power of greed Emphasize details to create suspense or trama and to provide insights into the case Use visual aids- exhibits, charts, timelines, lists, and the like- to inhance understanding and retention of key points Keep language active and understandable

Effective tools for successful statements No wind-up, no throat clearing Use pictures, lists, timelines, and exhibits Avoid unnecessary clutter and detail Avoid promising too much Never waive or reserve the opening No scripts, no podium, no reading Keep the opening short

Argumentative tools They may explain or present their proof They must be able to identify a competent witness or exhibit or support of each statement made They must avoid adopting an “argumentative” tone They must not use any rhetorical devices

To defend for suspenseful arguments State what evidence will be presented Outline the theory of the case Inform the jury of the nature of what counsel expects evidence to be. Apprise the Trier of fact of what the state or defense expects to prove Explain the case to the jury

The Don’ts… Use the podium (unless the judge requires it) Read or otherwise rely on notes Memorize Pace Stand still

The Do’s… Stand directly in front of the jury box (unless the judge prohibits it) Maintain eye contact with the jurors Learn the opening statement so that the delivery is natural Move around during the opening, but purposefully Use gestures and voice modulation and inflection to emphasize points

The where’s and what’s Stand where the best position for delivery of the statement is. Change positions with often intent Look at the jury and maintain eye contact Move to places where people you are talking to can see you Put your hands where it feels natural. The worst thing to do is be stiff and have artificial gestures as If practiced. Just don’t put your hands in your pocket.

Citation The Art & Science of Trial Advocacy by L. Timothy perrin, H. Mitchell Caldwell, Carol A. Chase