TO OPEN, OPENING. To open a case is to make a statement of the pleadings in
a case, which is called the opening.
2. The opening should be concise, very distinct and perspicuous. Its
use is to enable the judge and jury to direct their attention to the real
merits of the case, and the points in issue. 1 Stark. R. 439;S. C. 2 E. C.
L. R. 462; 2 Stark. R. 31; S. C 3 Eng. C. L. R. 230.
3. The opening address or speech is that made immediately after the
evidence has been closed; such address usually states, 1st. The full extent
of the plaintiff's claims, and the circumstances under which they are made,
to show that they are just and reasonable. 2d. At least an outline of the
evidence by which those claims are to be established. 3d. The legal grounds
and authorities in favor of the claim or of the proposed evidence. 4th. An
anticipation of the expected defence, and statement of the grounds on which
it is futile, "either in law or justice, and the reasons why it ought to
fail. 3 Chit. Pr. 881; 3 Bouv. Inst. n. 3044, et seq. To open a judgment, is
to set it aside.
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