The district attorney may make an opening statement prior to the introduction of evidence. This statement shall be limited to expected proof by legally admissible evidence. Defense counsel may make an opening statement immediately after the state’s opening statement and prior to introduction of evidence, or following the conclusion of the state’s presentation of evidence. Defense counsel’s statement shall be restricted to expected proof by legally admissible evidence, or the lack of evidence.
Rule 10.2.Opening Statements in Criminal Matters
Rule 10. TRIALS · Not amended since adoption on record · Last verified July 17, 2026
In one sentenceRule 10.2 lets the district attorney open before evidence comes in, limited to what admissible evidence is expected to show, and gives defense counsel the choice of opening right after the state or waiting until the state finishes presenting evidence, with defense argument likewise confined to expected admissible proof or its absence.
Full Text of Rule 10.2
Plain-English Summary
Rule 10.2 gives the district attorney the first word in a criminal trial. Before any evidence comes in, the state can make an opening statement, but it is confined to describing what the state expects to prove through legally admissible evidence — not argument, and not a preview of evidence that will not come in.
Defense counsel gets a choice the state does not: open right after the state’s opening statement, before any evidence is presented, or hold off and open only after the state has finished putting on its case. Either way, the content is bound by the same admissibility limit that applies to the state, with one addition — the defense can also preview what the evidence will fail to show, framing the opening around gaps in the state’s proof and not just affirmative evidence of its own.
Frequently Asked Questions
When can the district attorney give an opening statement?
Prior to the introduction of evidence.
What must the district attorney’s opening statement be limited to?
Expected proof by legally admissible evidence.
When can defense counsel give an opening statement?
Immediately after the state’s opening statement and before evidence is introduced, or following the conclusion of the state’s presentation of evidence.
Can defense counsel’s opening statement address what the evidence will fail to show?
Yes. The defense statement may be restricted to expected proof by legally admissible evidence, or the lack of evidence.
Does this rule apply to civil trials?
No. Its title and text confine it to opening statements in criminal matters.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Uniform Superior Court Rules, published by the
Council of Superior Court Judges of Georgia. Last verified July 17, 2026.
· Official source
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