📄 Jury instruction: opening statements — Wednesday, October 23, 1996
Address:
C:\DEPT103\CIVIL\1996\OCT\23\JURY-INSTRUCTION-OPENING-STATE.DOC
TRIAL
▲ Day 1 of 57

Jury instruction: opening statements

Date: Wednesday, October 23, 1996 • Utterances: 4
Judge Fujisaki instructs the jury before opening statements begin, explaining that what attorneys say in opening statements is not evidence but is important context for understanding each side's theory of the case. He briefly previews the trial structure, noting that attorneys will address the jury again at closing arguments. The proceeding ends with the judge inviting plaintiffs' counsel to proceed.
1 (Jurors resume their respective seats.)
2 THE COURT:

Good morning, ladies and gentlemen.

3 JURORS:

Good morning.

4 THE COURT:

At this time, we are going to be addressed by the attorneys with regard to their opening statements. I want to inform you and advise you that opening statements are not evidence; they are statements by the attorneys as to what they expect the evidence is going to show, what their theory of the case is, and how they hope to prove their case on -- their side of the case. While what they say to you is not evidence, it is, nevertheless, important for you to pay close attention to it, because this is one of the two opportunities they're going to have to address you about this case, at this time and also at the end of case, after all of the evidence is in, when, at that time, they'll have the opportunity of arguing to you and reasoning with you as to what they believe the evidence did show or failed to show, and how the law should apply to that state of the evidence, and why you should find in favor of their clients. So at this time, we'll hear if the plaintiffs. You may proceed.

Temperature

routine

Key Quotes (2)

Hiroshi Fujisaki
opening statements are not evidence; they are statements by the attorneys as to what they expect the evidence is going to show, what their theory of the case is, and how they hope to prove their case
Standard but critical jury instruction establishing the evidentiary weight of what follows — sets the frame for everything the jury is about to hear.
Hiroshi Fujisaki
this is one of the two opportunities they're going to have to address you about this case
Signals to the jury the structural importance of paying attention now and at closing.

Witness Demeanor

(Jurors resume their respective seats.)

Objections

None recorded
Proceeding 7988 • 4 utterances
Civil Trial
Department 103
⚖️ Start
📂 OCT 23, 1996 📄 Jury instruction: opening stat
OCT 23, 1996 KRT DvH TD