An opening statement is the first thing the jury hears from the lawyers after they are sworn in. The prosecution and defense each get to lay out what they expect the evidence to show. It is not argument — it is supposed to be a roadmap of the case the lawyer plans to present.
How Opening Statements Work in California
California opening statements are governed by Penal Code § 1093, which sets the order of trial. The prosecution opens first; the defense can follow immediately or wait until after the prosecution rests. Attorneys can describe the evidence they expect to introduce but cannot make argumentative claims, vouch for witnesses, or refer to facts not in evidence. A well-crafted opening sets the framework jurors use to interpret everything that comes next.
Related Legal Terms
The opening statement is part of the broader trial sequence that includes voir dire, cross-examination, and closing argument — all central to our criminal defense and DUI defense work.
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