I have seen only one trial judge in state court impose a time limit on opening statements and closing statements in Tennessee, but I am sure there are others who do so, at least from time to time.
There are only two Tennessee cases on point. One is Witter v. Nesbit, 878 S.W.2d 116, 123 (Tenn. Ct. App. 1993), which held that it was not reversible error for a trial judge to limit closing arguments to thirty minutes after a three week trial. The court identified these factors to be considered by the trial judge in setting a limit: the complexity of the case, the length and nature of the testimony, and the length of the entire proceedings.
A twenty-minute limit to an opening statement in a health care liability trial was upheld in Mayo v. Shine, 392 S.W.3d 61, 71-72 (Tenn. Ct. App. 2012), with the intermediate appellate court noting that the objecting plaintiff was actually given more time. I hasten to add that this seems exceptionally short in such a case, particularly if counsel was not advised of the limit in advance of the trial date.
It is clear that trial courts have wide discretion in controlling opening statements, and an appellate court reviews the trial court’s decisions in this regard under an abuse of discretion standard. Stanfield v. Neblett, 339 S.W.3d 22, 41 (Tenn. Ct. App. 2010).
To aid in planning, it is helpful to ask the judge during the pretrial whether there is any time limit on opening statements or closing arguments.
Don’t be surprised if the judge says words to this effect: “There is no limit. You have the right to bore the jury for as long as you like.”