• Plaintiff goes first
The trial officially begins with opening statements. This is each side’s opportunity to tell the jury (or the judge in a bench trial) what they believe the evidence will show. The plaintiff—the person or party who filed the lawsuit—goes first because they have the burden of proof. In their opening statement, the plaintiff’s attorney outlines the facts of the case, introduces the key issues, and explains what they plan to prove. It’s not a time for argument, but rather a chance to give the jury a roadmap of what to expect during the trial.
• Defendant may go next or wait until after the plaintiff’s case-in-chief
After the plaintiff’s opening statement, the defendant—the person or party being sued—can choose to give their own opening statement right away or wait until after the plaintiff presents all their evidence (called the case-in-chief). This decision depends on strategy. Some defense attorneys prefer to wait so they can respond more directly to what the plaintiff has presented. Like the plaintiff’s opening, the defense’s statement is not evidence or argument but a preview of their side of the story. Once both sides have made their opening statements, the trial moves into the evidence phase.
Law Offices of James R. Dickinson – 909-848-8448
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