In California civil cases, opening statements are the initial opportunity for each party to present an overview of their case to the judge (and jury, if applicable) at the beginning of the trial. The purpose of the opening statement is to outline the key facts, legal issues, and evidence that the party intends to present, offering a roadmap for the proceedings. While opening statements are not meant to be argumentative or to present evidence directly, they serve to frame the case and help the judge and jury understand what they can expect during the trial. In California, both the plaintiff and defendant have the right to make an opening statement, with the plaintiff typically going first.
During the opening statement, attorneys summarize the key points of their case, highlight the evidence they will present, and explain how that evidence supports their claims or defenses. Although opening statements are not evidence themselves, they are an essential part of trial strategy, as they can set the tone for the case and influence how the judge or jury perceives the forthcoming evidence. Attorneys should aim to present a clear, persuasive narrative, outlining the story they will prove through the trial, while adhering to the rules of civility and avoiding any inflammatory language or premature arguments. The opening statement is an important opportunity to make a positive first impression and lay a foundation for the rest of the trial.
