Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1113

(1)Purpose. The proper function of an opening statement is to outline in a general way the nature of the case that a party expects to be able to prove or support by admissible evidence. The expectation must be reasonable and grounded in good faith. Except for a prosecutor in a criminal case, a party may discuss evidence expected to be offered by an opponent. Argument for or against either party is not permitted.

(2)Directed Verdict, Finding of Not Guilty, or Mistrial. If the evidence outlined in an opening statement is plainly insufficient as a matter of law to sustain that party's case, the court has discretion to direct a verdict against that party.

(1)Critical Stage. Closing argument is not evidence but is a critical stage of a trial that requires advance preparation and knowledge of the principles expressed in this section.

(2)Permissible Argument. Closing argument must be based on the evidence and the fair inferences from the evidence. It may contain enthusiastic rhetoric, strong advocacy, and excusable hyperbole. It is permissible to argue from the evidence that a witness, document, or other evidence is or is not credible, as well as to suggest the conclusions, if any, that should be drawn from the evidence. A party may urge jurors to rely on common sense and life experience as long as the subject matter at issue does not require expert knowledge. In civil actions, parties, through their counsel, may suggest a specific monetary amount for damages at trial.

(3)Improper Argument. The following are not permissible in a closing argument:

(4) Motion for Mistrial at Closing Argument. In a criminal case, a trial judge may defer a defendant's motion for a mistrial during closing argument until after the jury returns a verdict. In a civil case, however, a motion for a mistrial must be decided when made.