Special Types of Practice: Court Trials & Appeal Courts - Guides
Court Trials & Appeal Courts
3. Opening Addresses
Firm / Chambers:
Last updated: 18 Jul 2015
- The opening address is the first stage of a court trial. It provides an opportunity for each side to tell the jury or judge what the case is about.
- It is presented first by the prosecutor or the plaintiff’s lawyer depending on whether the case is a criminal or civil matter.
- The defendant’s opening address should then similarly inform the judge or jury of the ‘who, what and when’ of their side of the case.
- Whether the trial is being held before a judge and jury or a judge alone the initial impressions established during an opening address can often influence the course of the trial.
- The opening of a case is generally the first time the court or jury will hear anything about the matter and the issues at hand.
- In the opening address the parties state:
- the issues and questions between the parties which have to be determined by the court;
- the facts of the case from their perspective usually in a chronological narrative (story-like way); and
- the type of evidence that must be provided to the court to prove or disprove important aspects of the case.
- Essentially an ideal opening address will:
- introduce the parties;
- state the precise cause of the legal action;
- state the basic facts of the case highlighting the witnesses who will be called on and the type of evidence they will provide;
- assist the court with a summary of the specific legal issues to be argued;
- briefly address the opposing party’s argument and how it will be countered; and
- outline the relief sought if the trial is a civil matter or the penalty if criminal.
- The opening address is not the occasion for any detailed argument on legal questions nor is it an extensive examination of previous legal cases setting precedents that the parties will rely on during the course of the trial in order to try to strengthen their arguments.
- At no stage of the trial may the parties’ lawyers assert their own personal opinions on the facts of the case or the law nor any matters that are irrelevant to the issues of the case.
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