Virginia Code
Va. Code Ann. § 19.2-265 (2026)
Opening statement of counsel
✓ current as of May 2026
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On the trial of any case of felony or misdemeanor and before any evidence is submitted on either side, the attorney for the Commonwealth and counsel for the accused, respectively, shall have the right to make an opening statement of their case.
Code 1950, § 19.1-245; 1960, c. 366; 1975, c. 495.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 1981–2025 · leading case: Spencer v. Commonwealth, 384 S.E.2d 785 (Va. 1989).
Spencer v. Commonwealth, 384 S.E.2d 785 (Va. 1989). “” Moreover, the record discloses that when defense counsel resumed his opening statement, he repeatedly told the jury what he anticipated the Commonwealth’s evidence would show.”
Fields v. Commonwealth, 343 S.E.2d 379 (Va. Ct. App. 1986). “Code § 19.2-265 recognizes that in a felony trial, both the Commonwealth and counsel for the accused have the right to make an opening statement before (emphasis added) any evidence is submitted by either side.”
United States v. Edwin R. Salovitz, 701 F.2d 17 (2d Cir. 1983). “§ 35-1-35-1 (Burns 1979); Va.Code § 19.2-265 (1975). 3 . Mont.Code Ann.”
Jose Roberto Gomez Contreras v. Commonwealth of Virginia (Va. Ct. App. 2025). “]” Even though the Commonwealth objected, counsel continued, stating that he “was just going to say that she said-- she accused him of doing something and then she took it back which is exactly why they nolle prosequi[ed] the charges.”
Jose Roberto Gomez Contreras v. Commonwealth of Virginia (Va. Ct. App. 2025). “]” Even though the Commonwealth objected, counsel continued, stating that he “was just going to say that she said-- she accused him of doing something and then she took it back which is exactly why they nolle prosequi[ed] the charges.”
Darion Robb v. Commonwealth of Virginia (Va. Ct. App. 2025). “Code § 19.2-265 provides that in a criminal trial, “counsel for the accused .”
Ismail Takow, s/k/a Ismail Ahmed Takow v. Commonwealth (Va. Ct. App. 2006). “Moreover, we note that, “the transcript in any case certified by the reporter or other individual designated to report and record the trial shall be deemed prima facie a correct statement of the evidence and incidents of trial.”
Commonwealth v. Freeman, 2 Va. Cir. 46 (Bedford Cir. Ct. 1981). “Although the right to make a closing argument is generally recognized, it is interesting to note that Section 19.2-265, Code of Virginia, grants the right to make an opening statement in criminal cases but is silent as to closing argument.”
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