Tennessee Code Annotated
Tenn. Code Ann. § 20-9-301 (2026)
Opening statements - Right of parties to make
✓ current as of May 2026
In all actions of a civil or criminal nature tried before a jury, all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit.
Acts 1969, ch. 90, § 1; T.C.A., § 20-1329.
Notes of Decisions
Cited in 26
cases (7 in the last 5 years), 1989–2026 · leading case: State v. Harris, 839 S.W.2d 54 (Tenn. 1992).
State v. Harris, 839 S.W.2d 54 (Tenn. 1992). “T.C.A. § 20-9-301 grants a criminal defendant the right to make an opening statement "prior to the presentation of any evidence in the case.”
State v. Van Tran, 864 S.W.2d 465 (Tenn. 1993). “T.C.A. § 20-9-301 grants the parties "the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit.”
State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012). “Opening Statement Our statutes entitle the parties in a jury trial to make opening statements prior to the presentation of the case “setting forth their respective contentions, *415 views of the facts and theories of the lawsuit.”
State v. Zimmerman, 823 S.W.2d 220 (Tenn. Crim. App. 1991). “Tenn.Code Ann. § 20-9-301. Either overstatement or misstatement during this presentation, despite curative efforts, may have adverse effects: The trial attorney should only inform the jury of the evidence that he is sure he can prove.”
State v. Strange, 772 S.W.2d 440 (Tenn. Crim. App. 1989). “§ 20-9-301 is as follows: Opening statements — right of parties to make — In all actions of a civil or criminal nature tried before a jury, all parties thereto, shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court…”
State of Tennessee v. Joseph Jordan (Tenn. Crim. App. 2016). “The defendant concedes that he did not object to the statements of the prosecutor.”
State of Tennessee v. Thomas L. Dowlen (Tenn. Crim. App. 2016). “” T.C.A. § 20-9-301. Opening statements are not evidence but simply set forth the arguments and theories which will be relied on by the parties at trial.”
Kelley Elizabeth Cannon v. State of Tennessee (Tenn. Crim. App. 2017). “46 The right to make an opening statement is protected by statute, which states that ―all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective…”
Kelley Elizabeth Cannon v. State of Tennessee (Tenn. Crim. App. 2017). “46 The right to make an opening statement is protected by statute, which states that ―all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective…”
Vern Braswell v. State of Tennessee (Tenn. Crim. App. 2018). “And you’ll hear from Kristie Woods that in June of 2004, about September/October 2004, he got mad at her, too.”
State of Tennessee v. Gaines Richardson (Tenn. Crim. App. 2018). “Because Defendant failed to establish all of the requisite factors, we conclude he is not entitled to plain error relief.”
State of Tennessee v. Martell Smith (Tenn. Crim. App. 2020). “” T.C.A. § 20-9-301. Such statements “‘are intended merely to inform the trial judge and jury, in a general way, of the nature of the case and to outline, generally, the facts each party intends to prove.”
— Tenn. Code Ann. § 20-9-301(2012) — 2 cases
Kelley Elizabeth Cannon v. State of Tennessee (Tenn. Crim. App. 2017). “46 The right to make an opening statement is protected by statute, which states that ―all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective…”
Kelley Elizabeth Cannon v. State of Tennessee (Tenn. Crim. App. 2017). “46 The right to make an opening statement is protected by statute, which states that ―all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective…”
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