Opening Statements and Closing Arguments, Part 1

• NCJ Number: 81183
• Author(s): D Curtin
• Date Published: Unknown
• Length: 0 pages
• Sponsoring Agency: US Dept of Justice
• Publication Format: Film
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Videotape, 65 minutes, color, 1 inch.

Annotation

David Curtin, a senior trial attorney in the Tax Division of the Department of Justice, discusses the preparation, content, delivery, and tactics of opening statements and closing arguments given during Federal district court litigation where the United States is the defendant in a civil case. This film concentrates on the rules regarding opening statements.

Abstract

In preparing the opening statement, it is important to develop a theme for the case (a 'trial story') that establishes the facts the attorney will prove during the trial and to summarize the trial story in headline form. Attorneys should also check local court rules to find out about such technicalities as the length of time they will be permitted for their opening statements. The opening statement should include an outline of the facts the attorney expects will be proved during the trial. When making opening statements, attorneys cannot argue the law or attempt to tell the jury how the law applies in the case. Attorneys should use the opening statement as a means of cushioning the blow regarding facts that are damaging to the case and regarding the possible absence of witnesses (often common in cases involving the Government). Attorneys should also obey the 'rule of good faith,' which maintains that lawyers must present only those facts during an opening statement that they know can be proved during the trial. They should explain the trial story and headline, avoid long introductions that are irrelevant to the facts of the case, notify opposing counsel if charts or exhibits are to be used, and present the facts in a positive and assertive manner. Tactics suggested include removing the opponent's chart or other exhibit from the jury's view, referring to the Government (client) as the United States, and refusing to allow the opposing counsel to interrupt the presentation. Rules regarding preparation and content of closing arguments are also mentioned. Attorneys should become familiar with local practices, and should begin preparing their closing arguments in skeletal form after the opening statement is made. For part II on closing arguments, see NCJ 81184.