Legal Opening Statement

This article provides a specimen form of legal litigation opening statement on behalf of the defendant in the high court of Michigan. It covers the grounds, verification, and revision of the order of the high court.

Running head: LEGAL OPENING STATEMENT
Legal Opening Statement
Name of the Student
Name of the University
Author Note

1LEGAL OPENING STATEMENT
Specimen Form of Legal litigation opening statement on behalf of the defendant
IN THE HIGH COURT OF …………………… AT ……………………
DEFENDANT' OPENING BRIEF ………… OF
IN THE MATTER OF……..
M/s…………………… Mr. Grabowski…..
….Respondent/Defendant
May it please the Humble Chief Justice of the High Court of…………………… and his
Lordship’s companion
Justices,
The Defendant Party
MOST RESPECTFULLY SHOWETH:
A. The POAM is a public employee labor organization (union). For the purposes of this
case, POAM represented by Martha Champine who is attorney representing the defendant
party, the patrol officers for the City of Birmingham, and in particular, makes them to
understand the pleadings and the dispositions.
B. As an employer/union relationship is carved out under the Michigan Public Employment
Relations Act (PERA) securing the right of public employees to organize, form, and join
unions in this State (Petrocelli, Guilmette and McNamara 2017). Once a labor
organization becomes the exclusive bargaining representative of the employees of a

2LEGAL OPENING STATEMENT
particular employer, then the employer must recognize the union and engage in what we
call collective bargaining.
C. The defendant in the case is a citizen of United States and in the States of Michigan. The
attorney is who after hearing and considering all testimony and evidence will come up
with a decision as to the merits of the grievance itself. This is a time-consuming and
costly proceeding for both sides of the employer and the union.
D. The attorney of the defendant is the Police Officers Association of Michigan plaintiff is
the certified agent acting as a attorney for the defendant and other non supervisory police
officers employed in the police department by the defendant city of Birmingham. After
the grievance steps were exhausted and the grievance not resolved, the union chose not to
take the case to attorney.
E. Mr Grabowski is the advocate and is representing the defendant. He is here to decide a
litigation opening statement on behalf of the defendant
F. In the year 2000 there a case which where the defendant POAM. They are of the view
that the opposite party will not be able to prove and will fall short of the claims raised.
G. The theory of liability is under what we call the duty of fair representation claim. This
was provided documents in the Course Documents section explaining the legal
underpinnings of a duty of fair representation claim here in the State of Michigan
H. The court rules provide that before there is introduction in the evidence, both the attorney
and the party which commences the evidence shall have to make a full evidence which
must be full and fair statement of the party’s case and the facts that the party intends to
prove.

3LEGAL OPENING STATEMENT
I. It is the duty of fair representation and it does not require the union to deal with all
complaints until the final consequences thereof or to take all the steps that the member
would like. The law only requires that the union does not act in an arbitrary,
discriminatory or bad faith manner.
J. There was a allegation raised the amount which is due is still not paid back by the
respondent in spite of the repeated demands and even there was a legal notice which was
served by the appellant through advocate.
K. That it is seen that that even after being summoned in the Court, the respondent or the
defendant has appeared in the Court through the advocates and has filed a petition.
L. In the written statement the party also filed a reply known as the replication (rejoinder).
M. That it is seen the parties have also led the evidence.
N. That it is seen that the evidence is given by both the parties and they have not established
the claim of the defendant .The Copies given in the Judgement and decree shall be
provided to the court
GROUNDS
1. That it has been seen that the judgement given by the Court or the decree which is under
appeal is proved erroneous on the grounds of facts as well as law.
2. That the learned trial court has failed to properly appreciate the evidence, and it has fallen
into error and in not finding that the preponderance of probability was in favour of the
defendant (Friedman et al. 2015).
3. That there has been documentary evidence provided and there a suit which were raised so
that the defendant were able to rebut the plaintiff evidence

4LEGAL OPENING STATEMENT
4. That it is seen that the requisite court fee has been paid and the stamps are also attached
to the memorandum of appeal at this is to be filed so that it is within a particular specified
period under the limitation.
The defendant herein above has appealed to the Court and he prays to the Court so that
His appeal can be allowed so that the judgement or the decree under appeal can be set aside
and then the appellant can appeal to the Court so that the suit can be filed before the Court.
VERIFICATION
Verified at…………………… on this, the…………………… day of…………………, 2017 that
the contents of the
It is verified that the appeal is correct and to the best of the knowledge and
belief……………………
DEFENDANT
THROUGH
(……………………)

5LEGAL OPENING STATEMENT
REVISION
In case of revision of the order of the High Court , it may call for the records from the
Court and also decide from the sub ordinate High Court where in case of such issues the appeal
shall not lie in the Court.
(a) It is to enable that the jurisdiction will not be vested with the law of that particular place or
(b) They might also fail to exercise to exercise the jurisdiction which has been so vested;
(Walton 2014)

6LEGAL OPENING STATEMENT
References
Crump, D., 2017. Litigation Rules, Clausewitz, and the Strategies of War. Elon L. Rev., 9, p.1.
Food, R.L.C.L., 2017. Opening Statement™.
Friedman, L.C., Cheyne, A., Givelber, D., Gottlieb, M.A. and Daynard, R.A., 2015. Tobacco
industry use of personal responsibility rhetoric in public relations and litigation: disguising
freedom to blame as freedom of choice. American journal of public health, 105(2), pp.250-260.
Friedman, L.C., Cheyne, A., Givelber, D., Gottlieb, M.A. and Daynard, R.A., 2014. Tobacco
Industry Use of Personal Responsibility in Public Relations and Litigation: Disguising Freedom
to Blame as Freedom of Choice.
Petrocelli, R.W., Guilmette, T.J. and McNamara, M.E., 2017. Traumatic brain injury:
Evaluation and litigation. LexisNexis.
Stallard, M.J., Price, J.M. and Dane, F.C., 2013. COMPLEX MEDICAL LITIGATION AND
HINDSIGHT BIAS: STRATEGIES TO REDUCE FACTFINDERS'RETROSPECTIVE
ATTRIBUTIONS OF FAULT. Psychology in the Courts, p.109.
Walton, R.B., 2014. Jabbarov v. Bush, No. 05-2386 (DDC Dec. 13, 2005)[Merits Hearing
Procedures Order].