Opening Statements and Closing Arguments, Part 2

• NCJ Number: 81184
• Author(s): D CurtinGaveyReed T, M
• 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, 40 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 closing arguments given during Federal district court litigation where the United States is the defendant in a civil case.

Abstract

The closing argument should be used by the attorney as the time to complete the 'trial story,' the theme of the case used during the opening statement to establish those facts the attorney hopes to prove during the trial. The attorney should prepare an outline of the closing argument at the beginning of the trial and should build the argument around the strong facts of the case. The 'headline,' or summary statement of the trial story, should lead off the closing argument. Attorneys should be aware of local court rules regarding such technicalities as the length of time permitted for closing arguments. They should recognize the importance of incorporating the language of the jury instructions into the closing argument and should be aware that they can argue the facts of the case but are limited as to what points of law can be argued. Attorneys cannot call opposing counsel's witnesses liars, cannot make personal remarks about the opposing lawyer, and cannot put the jury in the place of the client. However, attorneys can inform the jury that opposing counsel is introducing material that is inappropriate to the case and can comment on the fact that witnesses for the opposition did not appear to testify. Attorneys should present only those facts they know can be proved during the trial (the 'good faith' rule) in a positive, assertive manner. There is more latitude to use charts and other exhibits during the closing argument than during the opening statement, and depositions may also be used; both tactics are useful. Finally, attorneys should avoid allowing their opponents to tailor their closing arguments by forcing them to present a closing argument different from the one originally planned. For part I on opening statements, see NCJ 81183.