Mock trial opening statement guidelines

Memorization automatically displays an elevated level of confidence and preparation to the judge and scoring attorneys. Just seeing an attorney enter the well without any aids and begin an argument is powerful. When an attorney displays confidence in the manner which they speak, this confidence is directly translated to the case they present. Secondly, memorization helps the attorney better focus and perfect the finer points of public speaking.

Without having to worry about looking for their next line, an attorney can focus more of their attention on the quality of their speaking. Additionally, people in general tend to speed up and talk too fast when looking at or reading from a paper.

Thus, one of the virtues of memorization is that an attorney automatically speaks more slowly and clearly. Finally, without an aid or paper, an attorney is not tied to the podium and is not seen as clumsy because they are holding something. The more an attorney moves about a courtroom, the greater control they have over it. If an attorney can move from the counsel table, walk over to the exhibits, and end in front of the judge, they display an invaluable sense of comfort and poise.

There are four major elements to a complete opening argument. Although the exact structure and order of these elements within the overall argument will vary, it is important to include significant detail about each in order to lay the proper groundwork for the case an attorney intends to present. The elements include:. The amount of storytelling involved will vary depending on many factors, including whether the argument is for the prosecution or the defense team.

Because the prosecution team presents their opening statement first, and because they have the burden of proof the requirement to prove the defendant guilty , their opening will include much more storytelling. Often, a prosecution opening statement can be structured entirely around the storyline of the case. Such an intensive retelling is not necessary for the defense, as they must simply cast a reasonable doubt on the allegations made.

Thus, a defense opening will often include a story of much more limited scope and one targeted specifically towards the prosecutorial weaknesses of the case. A description of what the prosecution or defense intends to prove or show. For the prosecution, this should be a statement of the charges, and the corresponding list of actions the defendant must have taken to be found guilty.

This statement should be accompanied by a short description of what exactly the defendant did. For the defense, a focus should be placed on the weakest legal elements that the prosecution must prove. Mock trial cases will never favor one side over the other, so there will always be the opportunity to poke holes in the argument of the other side.

One thing the defense should take care to avoid is appearing to argue their case with the opening statement. The opening statement is not the place to draw legal conclusions, as no evidence has been presented yet. A short explanation of the evidence that will be presented. For the prosecution, this can include actual physical evidence, such as a diagram or letter.

These should be referenced and used during opening statements by the prosecution. Additionally, both the prosecution and defense should be sure to emphasize particularly important facts to their side during the opening. How you write your opening statement depends on which side of the case you are writing it for.

If you were assigned the role of attorney for the prosecution or plaintiff, you will be the first to deliver your opening statement, which means yours is the first side the jury will hear. The purpose of your opening statement is to highlight the key facts of the case and circumstances surrounding it, summarize critical evidence and identify the request for relief that your client is seeking jail time for criminal cases or money for civil cases.

Yours is the last thing the jury will hear before the questioning begins. A good opening statement is one in which you provide a complete and compelling narrative of events that supports the side you represent without going into too much detail or making specific arguments. Strong opening statements make it easy for a jury to understand and remember by providing a roadmap of the case such as key facts you will try to prove and a summary of the witness testimony or other evidence that will help you prove those facts.

Do write a compelling opening statement that clearly identifies the most important aspects of the case as it relates to your side. Lay out how you expect the trial to proceed and how you expect witnesses to testify. Memorize your opening statement. Court Vocabulary. Steps in a Trial. This amendment deals with freedoms in religion, speech, assembly, and other liberties. This amendment protects you from cruel and unusual punishment, such as torture. When a lawyer interviews a witness that the opposing lawyer calls to the stand.

Announces that the court is in session and which judge is presiding.