CODE OF VIRGINIA OPENING STATEMENT OF COUNSEL (§ 19.2-265) On the trial of any case of felony or misdemeanor and before any evidence is submitted on either side, the attorney for the Commonwealth and counsel for the accused, respectively, shall have the right to make an opening statement of their case. HISTORY: Code 1950, § 19.1-245; 1960, c. 366; 1975, c. 495.