How to Write a Mock Trial Opening Statement

Most civil and federal criminal cases never reach the courtroom, which means many professional attorneys rarely gain extensive trial experience. However, crafting a compelling opening statement is crucial for success in mock trials.

We spoke to Dr. Iain Lampert, a two-time AMTA (American Mock Trial Association) national champion, co-coach of law school national champions, and a member of AMTA’s case writing and tournament development subcommittees. Dr. Lampert offers invaluable advice for aspiring lawyers on how to master the art of the opening statement.

Establish a Clear Theme

According to Dr. Lampert, a clear theme is the cornerstone of a persuasive opening statement. A good theme should be either alliterative ("they were too cheap to check"), use parallel structure ("follow the key to find the killer"; "it wasn't fair, but it wasn't her fault"), or serve as an intentional roadmap of the case's key facts ("she planned, she poisoned, she profited"). Your theme should be a catchy and memorable phrase that encapsulates your case theory and should take no more than five seconds to convey.

Tell the Simple Story of the Case

To grab the judge's attention, tell the simple story of the case in about one minute, particularly focusing on the actions of the 'villain.' For the prosecution or plaintiff, the villain is often the defendant, such as an owner of an apartment complex who decides not to fix a balcony before it collapses, showing negligence. For the defense, the villain might be an investigator who is too rushed or biased to consider exculpatory evidence. This straightforward narrative helps to create a vivid image and sets the stage for your arguments.

Go slow. Be clear. Use present-tense language ("he looks at the balcony" instead of "he looked at the balcony") to draw the audience in. Use movement and choreography to keep the jury's attention.

Explain the Charges and Burden of Proof

Next, spend 30-45 seconds explaining the charges and the burden of proof to the judges. If your side has the burden, make it seem straightforward to meet. For example, clarify that proving your case beyond a reasonable doubt means showing that the only reasonable scenario points to the defendant’s guilt. Use simple language. If you must mention complex elements, dumb them down. Being accessible is more important than being eloquent.

Provide Your Arguments

Dr. Lampert emphasizes the importance of giving judges a roadmap of your arguments. Each key argument should take about a minute and focus on a major fact that will be proven during the trial. Mention the professions of the witnesses who will testify but avoid using too many names, as judges can get confused by an overload of information. This structure not only makes your argument easier to follow but also reinforces your case theory from the beginning.

You must use language like "you will learn," "you will hear," "the evidence will show," and synonymous terms. The jury has not YET heard the case's facts--your goal is to engagingly inform them of what they will learn later, not assume they have already heard it.

Acknowledge Weaknesses

If there's anything that would appear in a 'perfect case', but is not present in yours, pull the sting by acknowledging the discrepancy. For example, a prosecution should be upfront that they haven't found a murder weapon in a muder trial. A defense should admit if their client behaved inappropriately/some things might look bad. Then, very briefly explain why that issue will not matter in the trial.

Conclude with a Strong Theme and Call to Action

End your opening statement by repeating your theme and issuing a clear call to action in about 20 seconds.

Focus on Delivery

Finally, Dr. Lampert highlights the importance of delivery. Judges often prioritize tone, memorization, movement, and confidence over content. A well-memorized, confidently delivered argument will always outshine a monotonously read script. Preparation is key: if you fail to prepare, you should prepare to fail. Remember, every experience is a learning opportunity—there are no losses, only lessons.

By following Dr. Lampert’s advice on theme development, story-telling, argument structuring, and effective delivery, you can craft opening statements that are not only persuasive but also memorable and impactful in the courtroom.