The Opening and Closing are the First and Final Impressions
The first impression either side can make on the court is through an opening statement. The opening statement contains all the information that each side hopes to bring up over the course of the trial, and touches on the main aspects of the case. The opening statement also mentions the law behind the argument, and states what each side must prove in order to achieve the conclusion they want.
The opening statement usually starts by introducing a theme. The theme is a phrase or saying that sums up your argument; it can be a metaphor for the case or describe the case in a different light. A good theme is consistent throughout the trial, and is incorporated into direct and cross questions and the closing argument. Then the law is brought up: what the defendant is accused of and what each side must prove to either convict them of the crime or offense, or declare them not guilty.
Then a brief summery of each witness and what you want to prove with that witness. The prosecution will try to use the direct and cross examinations to bring out information that helps their side, and the defense will do the same. This is what is covered by this portion of the opening statement, but it does not count as actual evidence. If the prosecution says in their opening argument that they will prove the defendant has no alibi, but fails to do so during direct and cross examinations, what they said in their opening is voided.
The closing argument is similar is form, but is fundamentally different. While the opening statement can have the ideal information brought up in the trial, the closing argument can only include information that was actually brought up during the trial. Because of this, it is important not to have a pre-written closing argument and read it off word for word, as its contents may not have been proven during the trial.
The closing argument can cover anything brought up in the trial that helps your side, whether it was planned or not. For example, if there was a particularly difficult piece of evidence that helped your side, but could not be easily brought up on direct or cross, if an opposing witness accidentally lets it slip, that can be used in the closing argument. The closing is the final impression given to the judge, and should fully convey all the points you have made during the trial, and with a plea of either a conviction or not guilty.
Finally, the rebuttal can be used by the prosecution to refute arguments in the defense's closing argument, or mention any discrepancies between the defense's closing argument and what was actually brought up in court. However, each side is given seven minutes for their closing argument, and if the prosecution's closing argument takes all seven minutes, the rebuttal is not allowed.
The opening statement usually starts by introducing a theme. The theme is a phrase or saying that sums up your argument; it can be a metaphor for the case or describe the case in a different light. A good theme is consistent throughout the trial, and is incorporated into direct and cross questions and the closing argument. Then the law is brought up: what the defendant is accused of and what each side must prove to either convict them of the crime or offense, or declare them not guilty.
Then a brief summery of each witness and what you want to prove with that witness. The prosecution will try to use the direct and cross examinations to bring out information that helps their side, and the defense will do the same. This is what is covered by this portion of the opening statement, but it does not count as actual evidence. If the prosecution says in their opening argument that they will prove the defendant has no alibi, but fails to do so during direct and cross examinations, what they said in their opening is voided.
The closing argument is similar is form, but is fundamentally different. While the opening statement can have the ideal information brought up in the trial, the closing argument can only include information that was actually brought up during the trial. Because of this, it is important not to have a pre-written closing argument and read it off word for word, as its contents may not have been proven during the trial.
The closing argument can cover anything brought up in the trial that helps your side, whether it was planned or not. For example, if there was a particularly difficult piece of evidence that helped your side, but could not be easily brought up on direct or cross, if an opposing witness accidentally lets it slip, that can be used in the closing argument. The closing is the final impression given to the judge, and should fully convey all the points you have made during the trial, and with a plea of either a conviction or not guilty.
Finally, the rebuttal can be used by the prosecution to refute arguments in the defense's closing argument, or mention any discrepancies between the defense's closing argument and what was actually brought up in court. However, each side is given seven minutes for their closing argument, and if the prosecution's closing argument takes all seven minutes, the rebuttal is not allowed.