Special Types of Practice: Court Trials & Appeal Courts - Guides
Court Trials & Appeal Courts
10. Closing Addresses
Firm / Chambers:
Last updated: 18 Jul 2015
- The final stage of a court trial is the closing address of each party. The aims of each closing address are:
- to summarise all the evidence as it relates to each party’s case;
- to draw logical and convincing conclusions by connecting the evidence heard during the trial to each of the issues of law and fact which their party must prove;
- to bring arguments from precedent showing how previously decided cases were similar to the case at hand and arguing (reasoning persuasively) that the judge or jury should follow that precedent and make a similar decision in this case;
- to distinguish unhelpful precedent by showing how the facts of this case make it different from a previously decided case with an undesirable result and arguing (reasoning persuasively) why the judge or jury should not apply or follow that decision in relation to these particular circumstances;
- to damage the case that their opponent seeks to make by showing that the evidence does not logically lead to the conclusion that the other party wants or by pointing out problems with the credibility and evidence of their witnesses; and
- to correct or reduce any adverse (unfavourable) impressions that have arisen against their own witnesses or client during the course of the trial.
- If there is only a judge rather than a jury the closing address primarily needs to argue the principles of law and the case authorities that were relied on as well as the facts of the case.
- In a jury trial it is generally not necessary to refer to the law in as much detail; emphasis is usually placed more on the facts of the case that were at issue. The judge will refer to the law in their directions to the jury so it is not the parties’ task to bombard the jury with arguments about the law. A compelling narrative or story about your case is more important when there is a jury.
- It is important to pre-empt or identify your opponent’s good points during the trial and try to attack them in the closing address. Ignoring them completely or merely glossing over them can be detrimental to your case.
- A complete closing address has:
- its own introduction;
- a statement of the issues;
- your proof of the issues and the evidence which supports them;
- an explanation of any facts which go against your argument addressing why they do not matter as much as the evidence you rely on; and
- a summary of why your case should be preferred.
- It is logical to maintain a chronological order of everything that has been presented throughout the trial when giving a closing address.
- It is important that nothing is misquoted and no inferences are stretched too far during the closing address. If a mistake is made at this late stage the attention drawn to it by the judge or opposing lawyer can be devastating and may suggest to uncertain minds in the jury that the error was not an accident.
- At the end of the closing addresses each party will reiterate (repeat) to the court what their party wants out of the trial and the reasons why the court should rule in their favour.
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