Which of the following statements is TRUE regarding the plaintiff's opening address?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The statement that the plaintiff's opening address must be given prior to witness testimony is accurate. This reflects the procedural norms in many legal systems, where the opening address sets the stage for the case being presented. The purpose of the opening address is to provide the court with an overview of the plaintiff's case, outlining the key facts and legal arguments that will be supported by the evidence to be presented later on.

Providing the opening address before witness testimony is essential for giving the judge (and possibly the jury) context regarding the facts and claims that will be established through the subsequent evidence. This ensures that the audience understands the framework of the case as they evaluate the testimonies that follow.

The other statements do not reflect standard practice: the plaintiff's opening address is not contingent on the defendant's address, it is typically a required part of the trial process rather than optional, and both parties, their counsel, and the judge are generally present during opening addresses, making it untrue that only the judge would be present.

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