In jury trials, the attorney for the plaintiff may make an opening address. The attorney for the defendant may make an opening address either before any testimony is taken on behalf of the plaintiff or at the close of plaintiff’s testimony and before any testimony is offered on behalf of the defendant.
Rule 42.1.Opening statements by attorneys
Part VI: Trials · Not amended since adoption on record · Last verified July 28, 2026
In one sentenceRule 42.1 lets the plaintiff's attorney make an opening address in a jury trial, and lets the defendant's attorney choose to open either before any of the plaintiff's testimony is taken or at the close of the plaintiff's case, just before the defendant's own evidence begins.
Full Text of Rule 42.1
Plain-English Summary
Rule 42.1 is one of the shortest rules governing trial procedure, and it covers a single moment: opening statements in a jury trial. The plaintiff's attorney may make an opening address to the jury.
The defendant's attorney gets a choice of timing that the plaintiff's attorney doesn't. That attorney can open either before any testimony is taken on the plaintiff's behalf — back-to-back with the plaintiff's opening — or wait until the close of the plaintiff's testimony, delivering the defense opening right before the defendant's own evidence begins.
Nothing in the rule requires either side to make an opening statement at all; it only establishes who may address the jury and when the defense may choose to do so.
Frequently Asked Questions
Does Rule 42.1 require the defense attorney to give an opening statement immediately after the plaintiff's?
No. Rule 42.1 gives the defendant's attorney a choice: open right after the plaintiff's opening, before any testimony is taken for the plaintiff, or wait until the plaintiff's testimony is finished and open just before the defense puts on its own evidence.
Who is allowed to make an opening statement under Rule 42.1?
The rule addresses the attorney for the plaintiff and the attorney for the defendant in a jury trial.
Does Rule 42.1 apply to bench trials as well as jury trials?
The rule's text is framed around jury trials specifically.
Is an opening statement mandatory under Rule 42.1?
The rule states what each side may do; it doesn't itself impose a requirement that either side deliver an opening statement.
Source & verification. Rule text is reproduced verbatim from the
Delaware Rules of Civil Procedure for the Superior Court, adopted by the
Superior Court of the State of Delaware. Last verified July 28, 2026.
· Official source
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