Houston, TX asked in Civil Litigation for Texas

Q: Do I still need an opening and closing statement if there is a judge, but no jury?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: You still have the right to make an opening statement and a closing argument. Whether it is necessary depends on several factors.

If I know the judge is familiar enough with the facts of a case, I often waive opening. If a judge signals he/she understands my party’s contentions and is likely to rule in my favor, I shut up and don’t make a closing argument. It is never wise to speak when doing so can only snatch defeat from the jaws of victory.

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