trier of fact makes the first opening statement in a jury trial.
who makes the first opening statement in a jury trial?
trier of fact
generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff's case. few take this option, however, so as not to allow the other party's argument to stand uncontradicted for so long.
opening statement
since the defendant is assumed innocent until proven guilty, the district attorney has the burden of proving their case, so they make the first opening statement that summarizes the evidence they will present at trial. they summarize their point of view of what happened and why they believe the jury should find the defendant to be guilty of the crimes charged. the defense attorney can then make their opening statement, or choose to reserve their opening statement until the district attorney rests their case.





























section::::trial.:prosecution's case.
criminal procedure in california