Ask Me Help Desk - Opening Statement in a civil trial

Opening Statement in a civil trial

What things are you not allowed to say in an opening statement?

Quote:

Originally Posted by txtxcal

What things are you not allowed to say in an opening statement?

They didn't teach you this in law school? I hope you aren't planning on representing yourself... but after seeing your other posts I see you haven't been to law school... you need to hire a lawyer who will do this for you. The other side WILL have a lawyer that's experienced... that is if you want any chance of winning..

Quote:

Originally Posted by smoothy

They didn't teach you this in law school? I hope you aren't planning on representing yourself.....but after seeing your other posts I see you haven't been to law school.....you need to hire a lawyer who will do this for you. The other side WILL have a lawyer that's experienced....that is if you want any chance of winning..

You're right, this is a do-iy-yourself project. I have spent a lot of time doing research for my potential lawsuit. I am dedicated and passionate about it. When I reach the point where I think I am ready to file my complaint, I may then look for a lawyer who can take over from there.

Good... There are few venues where you would want to defend yourself... and that's because you would not be allowed to have a lawyer represent you (many allow council, but they can't speak)... and that's in most small claims courts.

However maybe someone will be able to give you the specifics, have patience.

Quote:

Originally Posted by smoothy

... you would not be allowed to have a lawyer represent you (many allow council, but they can't speak)...and thats in most small claims courts. ...

The word is "counsel".

But if you are suggesting that most small claims court do not allow attorneys to speak in court, I disagree. I believe that most jurisdictions allow attorneys to represent clients in small claims matters.

But I don't see OP suggesting that this is small claims, anyway.

What OP may say in his/her opening statement is too broad a question for which to easily form an answer. How about you ask us whether you can make a specific statement?

Quote:

Originally Posted by AK lawyer

The word is "counsel".

But if you are suggesting that most small claims court do not allow attorneys to speak in court, I disagree. I believe that most jurisdictions allow attorneys to represent clients in small claims matters.

But I don't see OP suggesting that this is small claims, anyway.

What OP may say in his/her opening statement is too broad a question for which to easily form an answer. How about you ask us whether you can make a specific statement?

This will not be a small claims suit. I appreciate your guidance. After I write what I think would be a good opening statement, maybe I can come back with a more specific question.

Quote:

Originally Posted by txtxcal

This will not be a small claims suit. I appreciate your guidance. After I write what I think would be a good opening statement, maybe I can come back with a more specific question.

Good plan.

One thing I learned in law school but unfortunately don't often remember to do is this:

Draft your complaint in anticipation of what you are going to say in your closing statement.
Your opening statement should give the trier of fact (judge, in a small claims case) a preview of what you expect to prove when you present your evidence. And your closing statement should include a summary of what you did prove.

A opening statement is to be a summary of what your case is, it can not contain any facts that will not be presented in evidence and can not contain any lies.

If you are doing a trial by the judge, ( not jury) there really is little reason since this is an emotional opening to show your innocence.

More important will be the discovery of evidence to know what they will be using against you.

Quote:

Originally Posted by Fr_Chuck

...
If you are doing a trial by the judge, ( not jury) there really is little reason since this is an emotional opening to show your innocence.
....

If it's small claims, it is a civil case. " Innocence" only has any meaning in a criminal case.

And it's more than an emotional play to a jury (although, being human, judges can be affected by emotion as well). It's purpose is to give an introduction to the case; a "roadmap", if you will.

Quote:

Originally Posted by AK lawyer

If it's small claims, it is a civil case. " Innocence" only has any meaning in a criminal case.

And it's more than an emotional play to a jury (although, being human, judges can be affected by emotion as well). It's purpose is to give an introduction to the case; a "roadmap", if you will.

I thought he said he was not small claims, And I don't think small claims even has opening statements, none I have ever been does.

In fact the few larger civil cases did not have them either, only criminal cases.

I would be surprised if an Attorney takes this on if the OP is so adamant about having things his way.

What kind of case has an opening statement? Is this about debt, something else?

Quote:

Originally Posted by Fr_Chuck

I thought he said he was not small claims, ? and I don't think small claims even has opening statements, none I have ever been does.

In fact the few larger civil cases did not have them either, only criminal cases.

Me bad. I misread. Not small claims. Got it.

Georgia must do trials differently. So the judge enters the courtroom. The non-jury trial starts. The first thing the judge says is "counsel, please call your first witness." Peculiar.

Or, for a jury trial, a jury is selected without counsel even telling the jury what the case is about? It's all left to the judge? Also strange.

Quote:

Originally Posted by Fr_Chuck

I thought he said he was not small claims, ? and I don't think small claims even has opening statements, none I have ever been does.

In fact the few larger civil cases did not have them either, only criminal cases.

The case will be filed in the Louisiana District Court in New Orleans.

I appreciate all the good advice I'm getting from this forum. I am going to go off and start writing my opening statement. After that I'll probably draft the formal "complaint" as required by Louisiana law. I have been self-teaching myself law for about a year and a half now. I have successfully defended myself in 3 lawsuits. How far I take this case by myself really depends on money and I don't have enough to bring in a lawyer right now. I may be naïve, but I do feel confident I can get my case to trial on my own if I have to.

This is your fourth lawsuit in a year and a half?

My experience is that civil cases don't often have opening statements. But I think the key here is whether this case will be held before a jury. If you are going to make a statement. Then keep it simple. As I recall what the case is about this should suffice.

Plaintiff has assessed repair costs against owners without proper notice and approval as required by the by-laws of the association. Plaintiff has refused to provide justification for these costs. Therefore I am asking that the assessment be voided.

That's it!

By the way, even if you win your case, the likely result is the owners will go about reinstating the assessment by doing the proper paperwork and you will have to pay anyway.

Quote:

Originally Posted by JudyKayTee

This is your fourth lawsuit in a year and a half?

I was sued by 3 different collection agencies over a credit card debt dispute. Two of them withdrew their complaint after I filed my answer and sent them my discovery questions. The third went to court in front of a JP. I won.

Are you talking about Small Claims or something else?

At any rate, that's a pretty good record! I know companies settle because it's easier than fighting but still...

Quote:

Originally Posted by JudyKayTee

Are you talking about Small Claims or something else?

At any rate, that's a pretty good record! I know companies settle because it's easier than fighting but still ...

I was sued in a Justice of the Peace court. I believe they sued in this court because collection agengies are not allowed to sue in small claims court.

Quote:

Originally Posted by txtxcal

This will not be a small claims suit. I appreciate your guidance. After I write what I think would be a good opening statement, maybe I can come back with a more specific question.

Just tell the court or jury your story and tell them what you want and why you should get it. In opening statement you tell them what you expect to prove as part of your story.

Quote:

Originally Posted by txtxcal

I was sued in a Justice of the Peace court. I believe they sued in this court because collection agengies are not allowed to sue in small claims court.

Where are you? In NY - and there are exceptions - they can.