What can you not say in a closing argument?

Asked by: Dr. Johann Botsford DVM  |  Last update: February 9, 2026
Score: 4.1/5 (61 votes)

In a closing argument, you cannot introduce new evidence, misstate facts or law, express personal opinions ("I believe"), vouch for witnesses, make inflammatory emotional appeals, ask jurors to "put themselves in someone's shoes," comment on a defendant's silence, or mention excluded topics like possible punishments or societal impacts, as these are considered improper and unethical.

What can't you say in closing arguments?

You cannot explicitly inject your personal opinions into a closing argument. You can't say, for example, "I personally believe there is no doubt as to the defendant's guilt." Likewise, you cannot personally vouch for a witness.

What makes you look bad in court?

First off of the top of my head: improper attire. Second: any inappropriate or disruptive behavior in the presence of the court (and by the court I mean the judge). Third: the person in question is on the witness list of one or more parties and has not yet testified.

How to look more innocent in court?

Individuals should stick with darker, more serious colors and avoid bright colors, intricate patterns, or any non-traditional fashion choices. While women and men may wear different clothing, both genders should conceal any visible tattoos and wear their hair in a trimmed, combed or styled fashion with a natural color.

Can screenshots of messages be used as evidence?

As with any evidence, chat screenshots must be both relevant (tending to prove or disprove a fact in issue) and material (of significant importance in the case). Irrelevant messages or screenshots that do not pertain to the dispute at hand are generally inadmissible.

CLOSING argument - Closings, Part III. "Don'ts" and what NOT to do

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How to win a closing argument?

Anatomy of a Closing Argument : The Basics

  1. Focus on the key issues.
  2. Identify witness testimony and exhibits supporting each issue.
  3. Tell a the client's story.
  4. Reinforce case themes.
  5. Help the jury tie things together in their mind.
  6. The organizational structure will vary depending on the case.

Can lawyers say whatever they want in closing arguments?

While closing arguments provide an opportunity for attorneys to present persuasive arguments, there are several strict boundaries on what they cannot say. First and foremost, they are required to refrain from making statements that are not supported by the evidence presented during the trial.

What annoys a judge?

Other judges said they dislike personal attacks, snide remarks, innuendo, or sarcasm. One judge said his or her biggest pet peeve is “the growing tendency to wax personal in responding to arguments.” Unorganized briefs.

What do judges not like?

Judges hate a situation where you say something using “by the way”. It suggests that you are bringing up a point you only thought about at the dying minutes and you are tossing it in, in a bid to have some significance. You are trying to show the judge that the point you are making is important.

What is the B word for lawyer?

A barrister is a lawyer who represents clients in the higher courts of law.

How long is a typical closing argument?

These tools are often useful during closing arguments, as they give the jury visuals on which to focus and can help the jurors form a complete picture of the arguments in their minds. Each closing argument usually lasts 20-60 minutes.

How to be likeable in court?

How To Present Yourself In Court To Be Optimally Likable and...

  1. Be Yourself. How many times have you heard this advice? ...
  2. Really Listen. Do judges say that you don't listen to them? ...
  3. Make Great Eye Contact. ...
  4. Smile More Than You Frown. ...
  5. Have A Great Voice. ...
  6. Gesture Naturally. ...
  7. Become A Fabulous Storyteller. ...
  8. Conclusion.

What does a judge want to see?

The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper.

What should you avoid in a closing statement?

You should not ask the jurors to place themselves in the shoes of a party to the case. 2. DON'T Try The Per Diem Argument. You should not ask the jury to compute damages by some mathematical formula which would entitle the plaintiff to a certain amount for pain and suffering.

Should you memorize your closing statement?

Reading off of a page is not an option for trial lawyers. Instead, trial lawyers must memorize their opening statements and closing arguments in the same way that actors memorize their lines so that the jury becomes the entire focus of their attention.

What cannot be used as evidence in court?

R. Evid. 1101(b). If the evidence does not meet standards of relevance, the privilege or public policy exists, the qualification of witnesses or the authentication of evidence is at issue, or the evidence is unlawfully gathered, then it is inadmissible.

Can deleted WhatsApp messages be used in court?

If the Messages Are Unaltered and Retrievable

WhatsApp's end-to-end encryption makes it difficult to modify messages. However, courts will only accept messages that can be directly retrieved from a device, cloud backup, or forensic extraction tools like Cellebrite.