A more thorough explanation:

Definition: The opening statement is the first opportunity for a lawyer to address the jury in a trial. It is a brief overview of the case that outlines the nature of the issue in dispute, presents a concise overview of the facts and evidence, and frames the evidence in a way that is favorable to the counsel's theory of the case.

Purpose: The purpose of an opening statement is to give the jury a preview of the case. It is intended to help the jury better understand the overall case and what the counsel expects to prove. While a good opening statement is persuasive, it should not argue the facts of the case or ask the jury to make any inferences or judgments.

Example: In a criminal trial, the prosecution will begin the opening statements by outlining the charges against the defendant and presenting a brief overview of the evidence they plan to present. The defense will then have the opportunity to make their opening statement, which may include a brief explanation of their theory of the case and any potential defenses they plan to use.

Explanation: The example illustrates how the opening statement is used to give the jury a preview of the case. In a criminal trial, the prosecution will use the opening statement to outline the charges against the defendant and present a brief overview of the evidence they plan to present. The defense will then have the opportunity to make their opening statement, which may include a brief explanation of their theory of the case and any potential defenses they plan to use. This helps the jury better understand the overall case and what each side plans to prove.

Waiver: A party may choose to waive their right to make an opening statement, but that generally does not preclude the opposing party from making an opening statement. The defense may choose not to make an opening statement so that they do not lock themselves into one theory for acquittal, which affords them the flexibility to pursue an affirmative defense or rely on the inadequacy of the opposing party’s evidence to meet the burden of proof.