Can you present evidence during an opening statement?

Question

Can you present evidence at an opening statement. For example, a 911 call of someone?

Jared Austin · Answer

The purpose of opening statements is to give a preview of the case and what you think the evidence will or will not show and what evidence you think will or will not be admitted. It is not a proper time to present evidence and making arguments is forbidden. You could ask the judge permission to present a piece of evidence that you believe will definitely be admitted later in the trial I supposed, but this is risky being that if it is never admitted, you look like a liar and a mistrial is almost guaranteed. You would be limited in what you could do with it anyway because you could not make any legal arguments regarding it. Simply strict to offering a preview of your case during openings.

Paul J. Wallin · Answer

During opening statement no evidence is presented. Your lawyer can advise the jury of what he believes the evidence will show but opening statement is not the time to present the evidence. The evidence is presented only from the witness stand during the trial.

Andrew Subin · Answer

Your opening statement describes what the evidence is going to show.  You probably would not be able to play a 911 for the jury until it was admitted at evidence during trial (in other words, after opening statement).

Roianne Houlton Conner · Answer

No, opening statement is to present what you expect the evidence to show.  Not to present evidence.

Michael Chastaine · Answer

Opening statement is not for the presentation of evidence, but you can tell the jury that you WILL present evidence of the 911 call or what ever you want to present.  So long as the evidence has not been excluded.

Eric Schurman · Answer

Generally, no..... you don't "present evidence" in opening statements.

Craig Elhart · Answer

An opening statement is just that, an opening statement.  It is not evidence and evidence is not introduced in an opening statement as there is no witness by which the evidence could be introduced.

Gregory Casale · Answer

You cannot present evidence (e.g. Play the 911 tape) in your opening statement but you can refer to it by telling the jury, "you will hear a 911 tape on which you will hear...... ". This is dependent on the 911 tape being otherwise admissible as evidence later on in the trial.

Michael J. Breczinski · Answer

You can talk about it and possibly play it if the judge lets but the proper place is at the time for presenting evidence.

Michael Nack · Answer

So, are you representing yourself? If you don't know even the most basic concepts about evidence and trial, how do you plan on winning your case? If you are charged with a crime, you need to hire an attorney.

Thomas Tomko · Answer

Evidence is not presented in opening argument.  However, reference as to what the evidence will show can.  Therefore, reference to a 911 call can be made in an opening statement.  This can be dangerous for the prosecutor, because if it is referenced in opening, but later it is not introduced, this, under certain circumstances, could be cause for a mistrial.

Jacob P. Sartz · Answer

This answer does not contain specific legal advice. If you need specific legal  advice, please consult privately with an attorney.   Speaking generally, "evidence," i.e., trial exhibits, witness testimony, etc.,  needs to be submitted into evidence and admitted by the court in order to be  introduced into the court proceedings, so generally, the answer to the first  question is no, with one key exception. If the court has already ruled that the  evidence is admissible at a previous hearing, then yes, it is possible to  introduce "evidence" (i.e., trial exhibits) as part of opening statement. You  often see "evidence" in closing statements since, by that stage, the evidence  has already been introduced and accepted by the court. Generally, though,  "opening statements" are not considered "evidence" or "proofs" and the jury will  be instructed to limit their value somewhat. A good "opening statement"  generally, portrays the road-map for a a party's case. There is a lot of  case-law regarding appropriate opening and closing statements, so the parties  need to be careful how they present these portions of their respective cases.   You need to consult with your attorney if you have one. Every case is different.

Robert English · Answer

The opening statement is a road map of the case. Generally speaking, you don't actually introduce the evidence at that time, but you may refer to evidence that you intend to produce during your case. For example - "the evidence in this case will show that the victim made a 911 call to the police which demonstrated her fear of the attacker."

Michael Morgan · Answer

An opening statement is expected to be an outline of the evidence you expect will be presented at trial. In respect to 911 tapes, the best practice would be prior to jury selection to have an evidentiary hearing to determine if the 911 recording will be admitted into evidence and whether the recording (if admitted) will be admitted in its entirety or be offered with some redactions. If the 911 tape is admitted, I see no reason as long as you have a good faith basis to believe you can overcome any foundational objections not to play the tape during the opening.

Dennis Roberts · Answer

No, but the lawyer can state that the evidence that they will show.

Terry Nelson · Answer

No.  It is an initial explanation of what the jury can expect to hear.

Maureen Baldwin · Answer

It depends. An opening statement is not legallysupposed to include presenting evidence. However a trial usually starts with motions on issues of what evidence will come in and what evidence is not admissable. Assuming that the court has ruled the 911 tape admissable, or that all parties stipulate that it is admissable, and the party playing the tape is ultimately going to be able to play the tape (has laid a sufficient evidentiary foundation), the court may allow that party to play the tape in his opening statement. strictly speaking, opening statement is not for putting on evidence. However, in modern trials, where juries expect to see multimedia presentations, items of evidence that have been determined admissable are sometimes "previewed" in an opening statement.

Michael D. Fluke · Answer

You can describe the evidence that you expect to be introduced during the trial, but you cannot enter evidence during an opening statement.  I suggest you consult a local Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.  Good luck.

Jared Altman · Answer

No. In an opening statement you can tell the judge and/or jury what you intend to prove. But, none of that is evidence.

Stephen Freeborn · Answer

Generally not.  The proper foundation has to be laid for the admissibility of any evidence.  This generally happens during the actual case when the respective parties present their cases and their supporting evidence.

Leonard Harden · Answer

It depends, if tape was admitted as full exhibit by agreement then yes it could be played.  If it is not objected to it can come in.  Technically the contents can be described but I don't think the tape should be played.

Eric Sterkenburg · Answer

The opening statement is not for presenting evidence. You can only present evidence in your case in chief in the opening you tell a story of what you want the jury to look for in the trial. This is your side of what happened. You can tell about the 911 call and then have it played during the trial as evidence.

Joseph Dane · Answer

In general, yes.  That item should be admissible in the trial itself to do that, so a pretrial motion to seek introduction (assuming proper foundation is laid for it) is probably the safest route.

Samuel H. Harrison · Answer

No. Opening statements are used to give the judge or jury an idea of what the case is about and what the parties believe they can prove.

Jeff Yeh · Answer

Sometimes yes. It is common for 911 tapes to be played during opening statements, as long as the Judge has already ruled that the tape, in all likelihood, will be admissible during the trial.

Michael Tumposky · Answer

You can present during opening it if it will also come in during the trial.

Robert Watkins · Answer

You can refer to it but it is not "presented". Opening statements are not evidence but merely an opportunity for the lawyer to tell the jury what the case is about and what they can expect in the way of evidence.

James Schoenberger · Answer

No. In an opening statement you state to the jury or judge what you believe the evidence will show and what you believe witnesses will testify to.

Philip Hache · Answer

An opening statement is not the time to present evidence.  That generally happens later, when calling witnesses to testify, etc.

Gary Moore · Answer

The purpose of an opening statement is to make a preliminary statement to the jury as to how you would like the jury to consider your case. No evidence is offered at that time.

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