Legal Question in Criminal Law in Florida

Re: Opening Statements

The law sets no minimum time. The judge usually will impose a maximum time if needed. Also, the opening can be waived by the attorney.

Re: Opening Statements

There is no requirement that an opening statement be any particular length. In fact, there are situations where a lawyer may choose to waive an opening statement or make his/her opening statement after the state rests. Some judge set limits on the maximum length of an opening statement while other judges allow the lawyers to talk as long as they want. As a general rule, an opening statement should be of sufficient length to set out what the lawyer expects the evidence to show and/or to advance the clients theory of the case and theory of defense. Having said that, there are those cases where a lawyer may want to make a very general, non-committal opening statement.

Re: Opening Statements

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The opening statement does not have to be any certain length. Some attorneys choose to skip an opening altogether or keep it very short as a matter of strategy. Some judges will allow the opening to be as long as the attorney chooses while others will limit the length to a maximum time.

Scott R. Jay, Esq.

Re: Opening Statements

The judge usually sets the time allowed for the State and Defense attorneys opening statements. This varies in the complexity of the case.