The closing statement is the attorney’s final statement to the jury before deliberation begins. The attorney reiterates the important arguments, summarizes what the evidence has and has not shown, and requests jury to consider the evidence and apply the law in his or her client’s favor.
What happened from your side’s point of view?
What is your theory of the case?
What are the key elements that have to be proved (by you or the other side)?
What do you anticipate the evidence will show?
What are the important facts your side’s witnesses will testify to?
What themes (words and phrases that convey emotions) do you want to emphasize?
Who has the burden of proof and what is it?
What do you want the jury to do?
How much time do you have? (usually 5 minutes)
If you are the prosecution or plaintiff you must reserve time for rebuttal before you start your closing argument. Check your Mock Trial rules.
An Introduction:
Attorney identifies themselves (or not)
Some attorneys begin with something like:“Your Honor, members of the jury, my name is (full name), representing the prosecution/defendant in this case.”
If they have already been introduced, many attorneys just go right into their opening to save time, create drama, and make it look more like a real trial.
Using a hook to begin
The closing attorney has a lot more flexibility than the opening attorney
Closing is a persuasive argument
Briefly review what has to be proved (by you or the other side)
Theory of the case
One or two sentences which tell the jury what the evidence has shown in the context of your theory of the case
“The evidence has shown by a preponderance of evidence that my client, Landry Lopez, was fired for reporting an illegal activity to his employer, the restaurant Buddies Burgers.”
Could be combined with a brief overview of what the evidence has shown using general statements or through a descriptive story
A brief review of what you (or the other side) must prove or disprove
This is essentially the elements of the case
Do not delve too deep into legal terms or you will lose the jury’s attention
Talk about burden of proof
Tell the jury what the evidence has (and has not) shown and how the elements that need to be shown have (or have not) been proven
Focus on the key issues
Identify witness testimony and exhibits supporting each issue
Tell a the client’s story
Reinforce case themes
Help the jury tie things together in their mind
The organizational structure will vary depending on the case
A conclusion
Discuss the burden of proof (some put this near the beginning)
“This is a civil case and Plaintiff Landry Lopez must prove his case by a preponderance of the evidence.” (Explain briefly and illustrate with hands what a preponderance of the evidence means)
Restate the theory of the case
“Oregon’s whistle blower law exists to protect, and encourage, employees to report illegal activity in the workplace. Mr. Lopez engaged in such whistle blower activity and was fired for doing so. “
Tell the jury what you want
“For these reasons, after you have heard all the evidence, at the end of this trial we will ask you to return a verdict in favor of Landry Lopez.”
“At the end of the trial the State of Oregon will ask you to find the Defendant guilty of . . .”
“Based on the evidence you will hear, at the end of the trial the Defendant will ask you to return a verdict of not guilty.”