Many trial attorneys believe that jurors decide by the end of the opening statements which party will prevail in a trial. But the research most often cited in support of this proposition shows no such thing.
Research does confirm however, that even before opening statements, jurors often begin to lean in one direction or another. This leaning profoundly affects how the jurors receive and process the evidence presented at trial. During the trial, jurors may discount evidence contrary to their leaning and give greater weight to evidence consistent with their leaning.
