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 Florida, as in other jurisdictions, an attorney's opening statement to the jury, or to the judge in a bench trial, is not considered evidence. Instead, it serves as an overview of the case from the attorney's perspective. The purpose of the opening statement is to provide a roadmap of what the attorney believes the evidence will show, outlining the facts and legal issues that will be presented during the trial. It is designed to be a persuasive narrative that sets the stage for the evidence that will follow. The opening statement is an opportunity for the attorney to frame the case in a way that is favorable to their client, but it must not include arguments or testimony. The jury or judge is instructed to base their verdict solely on the evidence presented during the trial, not on the opening statements or closing arguments.