Opening statements in criminal cases are governed by Rule 235.
Renumbered October 1, 1971.
Rule 432.Opening Statements
Article IV. Rules on Criminal Proceedings in the Trial Court · Part C. Trials · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRule 432 applies the civil rule on opening statements to criminal trials, so opening statements happen right after the jury is sworn, in order, and nowhere else in the trial unless the judge allows it.
Full Text of Ill. S. Ct. R. 432
Plain-English Summary
Rule 432 doesn't set its own standard; it points to Rule 235, the civil rule on opening statements, and makes it govern criminal trials as well. Under that borrowed rule, the prosecution may open as soon as the jury is impaneled, and the defense may follow immediately after. An opening statement isn't given at any other point in the trial except at the judge's discretion.
Using one shared rule for civil and criminal opening statements keeps the timing and order consistent across both kinds of trials, rather than maintaining two separate sets of procedures for the same basic moment in a case.
Frequently Asked Questions
When do opening statements happen in a criminal trial?
Right after the jury is impaneled, the prosecution opens first, and the defense follows immediately.
Which side gives its opening statement first?
The prosecution goes first, with the defense following right after.
Can a lawyer give an opening statement later in the trial?
Only if the trial court allows it in its discretion. Otherwise, opening statements happen only at the start of the trial.
Why does Rule 432 just point to a civil rule instead of setting its own standard?
It keeps the timing and order of opening statements the same in civil and criminal trials rather than duplicating the same rule twice.
What is Rule 235, the rule that Rule 432 relies on?
It's the Illinois Supreme Court rule that sets the timing and order for opening statements generally, and Rule 432 extends it to criminal cases.
Committee Comments
This rule is new, as is Rule 235, which this rule makes applicable to criminal cases.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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