Generally, the prosecution in a criminal case and plaintiff in a civil case is the first to offer an opening statement, and defendants go second. Defendants are also allowed the option of delaying their opening statement until after the close of the prosecution or plaintiff 's case. Few take this option, however, so as not to allow the other party 's argument to stand uncontradicted for so long.
who makes the first opening statement in a jury trial
the prosecution in a criminal case plaintiff in a civil case