Do opening and closing statements constitute evidence in a civil case?

California, United States of America


The following excerpt is from Steele v. Silver Oak Real Estate of Orange Cnty., G051180 (Cal. App. 2017):

Moreover, the trial court instructed the jury to decide the case solely on the evidence and what the attorneys say and argue, including during opening and closing statements, do not constitute evidence. "Absent some contrary indication in the record, we presume the jury follows its instructions [citations] 'and that its verdict reflects the legal limitations those instructions imposed' [citations]." (Cassim v. Allstate Ins. Co.

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