An attorney’s opening statement to the jury (or judge in a bench trial) is not evidence, and is intended to be a forceful and persuasive summary of the case.
In Texas, as in other jurisdictions, an attorney's opening statement to the jury, or to the judge in a bench trial, is not considered evidence. It is intended to provide a roadmap of what the attorney believes the evidence will show during the trial. The opening statement is the attorney's opportunity to outline the case for the jury, introduce the key themes, and highlight the evidence that will be presented, all in a persuasive manner. However, it is important for jurors to understand that the statements made by the attorneys during these opening remarks are not themselves proof of the facts of the case. The evidence that is presented during the trial, including witness testimony and exhibits, is what the jury should base their verdict upon. Texas courts routinely instruct juries that opening statements and closing arguments are not evidence and should not be considered as such when deliberating.
