Tying the evidence to the instructions the jury is about to receive.
Esshaki Legal Media TeamCurrent as of September 2022
Closing argument is where the evidence is connected to the verdict form. Its
structure should follow the questions the jury will be asked.
Use the instructions. Quote the element, then the evidence proving it. Juries
are given the law in writing and want to know how to apply it.
Use the verdict form. Walk through each question and state the answer and
the reason. A jury that leaves the courtroom knowing how to fill in the form is
far more likely to fill it in your way.
Documents over recollection. In a commercial case the strongest closings are
built from exhibits displayed and read.
Answer the other side. Address the two or three arguments the opponent will
make, before they make them if you argue first, and directly if you argue
second.
Damages. Give the jury the arithmetic. A number with a visible derivation is
adopted; a number without one is discounted.
What is not permitted. Stating personal belief in the justice of the cause,
referring to facts not in evidence, appealing to prejudice, suggesting the
consequences of a verdict on the parties’ finances, and inviting jurors to place
themselves in a party’s position.
Object when it happens. A closing objection preserved is worth more than a
post-trial motion.