12.5 Opening & Closing

Judges will often discourage opening statement and closing argument in these cases. Do it anyway, but do not waste the court’s time with a rote recitation of facts. Opening is your opportunity to tell the court what the case is about and what is at stake. It is where you introduce your theme and provide a lens through which the court can ultimately view the evidence presented by both sides. Closing is our chance to connect the dots, tie your evidence to the law, tell your client’s story and why the court should believe it, and address any sticky issues that the court appears to be focusing on. These functions are essential to a successful trial, and even a truncated argument is better than none.