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 Kentucky, as in other jurisdictions, an attorney's opening statement to the jury, or to the judge in a bench trial, is not considered evidence. It is intended to provide a roadmap of what the attorney believes the evidence will show during the trial. The opening statement is the attorney's opportunity to give the jury or judge a preview of the case, outlining the facts they intend to prove and the legal theories they plan to apply. The purpose is to prepare the listeners for the evidence that will be presented and to persuade them of the merits of the case from that party's perspective. However, it is important for jurors and judges to understand that the statements made by attorneys during these openings are not themselves evidence and should not be treated as such.