How to Write Opening and Closing Statements for Mock Trial
When students have a hard time writing a mock trial opening statement it is usually because they don’t
know where to start. It is helpful to know a little bit about what an opening statement is. An opening
statement is an opportunity to outline the case for the jury, and to let the jury know what to expect. It is
not an opportunity to argue your case.
It is important to remember that jurors know very little about a case before it begins. In fact, lawyers
and judges make sure that jurors know nothing about a case before it begins – that way the jurors can
be fair and impartial. So an opening statement is an opportunity to let the jurors know what the case is
about, and to let them know what evidence they should expect. It should provide an outline or a road
map to help them follow along. The opening statement is also an opportunity to introduce the themes
of the case. Here are outlines on how you can properly formulate an opening statement. Keep in mind
that every case is different, and you are not bound by any particular format.
How to Write a Prosecution Opening Statement for Mock Trial
THE INTRODUCTION
Good morning, my name is John Smith, and I am the prosecutor in this case. It is my pleasure to
represent the people of this state. On October 3rd, 2009, the defendant in this case [describe what he or
she did in detail]. At the conclusion of the case we will ask for a verdict of guilty. [It may be helpful to
point to the defendant in the courtroom when you refer to him.]
THE THEME:
Ladies and gentlemen of the jury, this case is about… [a defendant who could not control his anger] or [a
man whose greed got the better of him] or [ a defendant who is pretending to be insane to avoid being
held responsible for his own actions]. [These are some pretty basic themes. To develop your own theme,
try to summarize your prosecution case in a sentence or two.]
SUMMARIZE EACH WITNESS:
Ladies and gentlemen of the jury, the prosecution will call three witnesses to the stand. We will call
officer so and so who will explain that he was on duty in Springfield on the night of the robbery, and
responded to the 7-11 and observed the defendant fleeing from the scene with a bag in his hand. We
will call the store clerk who was on duty, and she will testify that she recognized the defendant as the
robber even though he had a bandana covering most of his face. Lastly we will call a government
psychologist who will testify that he did a mental health assessment of the defendant. The psychologist
will testify that the defendant was definitely not insane at the time of the commission of the crime.
or
Ladies and gentlemen of the jury, the prosecution will call four witnesses to the stand. We will call Mr.
Smith who will testify that he was at his residence when the defendant attacked him without
provocation while he sat with his family in the tavern. We will call the ER nurse who will testify that the
victim sustained four fractured ribs and a broken nose as a result of this unprovoked attack. We will also
call the defendant’s roommate who will testify that the defendant bragged about what he did after he