Washington State Courts - Jury Commission

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Improving the Trial Process for Jurors

34	IN LONG TRIALS, THE COURT SHOULD CONSIDER ALLOWING PERIODIC MINI-OPENING STATEMENTS TO IMPROVE JUROR UNDERSTANDING.
Mini-Opening Statements	Parties introduce evidence based on the sequence of witnesses, not necessarily in a chronological or subject matter sequence. Presentation of evidence that jumps back and forth in time or subject matter is difficult to understand and retain. Mini-openings allow the parties to explain to the jury the significance of testimony or evidence about to be presented in relation to the theories of the case. Opposing counsel should be allowed to respond.
Procedures	Each party should be given a specific amount of time. Responsive opening statements should be allowed and should count toward that party’s allocated time. The court would determine when mini-openings may be made.
Increased Juror Comprehension	Mini-opening statements should increase juror comprehension and retention, allowing jurors to place evidence in the context of the theories of the case. Greater comprehension and retention results in greater confidence in the jury’s decision and may well shorten the jury’s decision process.
Discretion	Courts currently have the discretion to authorize mini-opening statements.
	References: G. Thomas Munsterman, et al., Jury Trial Innovations, Â§V-10 (3^rd ed. 1997). B. Michael Dann, “’Learning Lessons’ and ‘Speaking Rights’: Creating Educated and Democratic Juries”, 68 Ind. L.J. 1229, 1255-56 (1993). New York State Bar Ass’n, “Improving Jury Comprehension in Complex Civil Litigation”, 62 St. John’s L. Rev. 549, 557-58 (1988) (description of interim commentaries in Westmoreland v. CBS). Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, Summary of Recommendations, no. 35 (p. 24) (encouraging use of interim summaries and mini-openings in long or complex trials). Higginbotham, “Juries and Complex Cases: Observations About the Current Debate”, The American Civil Jury 78 (1987) (advocating interim commentary in lengthy trials).