Rule 6.2 Opening Statements

Once the jury is picked and sworn in, the trial can begin with opening statements. The plaintiff's lawyer goes first and gets to tell the jury what the case is about and what they expect the evidence will show.

The defendant's lawyer then has a choice. They can give their opening statement right after the plaintiff's lawyer finishes, while the case is still fresh in the jury's mind. Or they can wait and save their opening statement until after the plaintiff has finished presenting all of their evidence and witnesses.

This gives the defense some flexibility. Sometimes a lawyer wants to respond right away to what the jury just heard. Other times, it makes more sense to wait and speak to the jury right before presenting the defense's own evidence, so the jury hears it closer to when they'll actually see the defense's side of the case.