BUILDING BLOCK 12

PRETRIAL AND TRIAL PROCEDURE

At the end of this course you should be able to perform the following with regards to preparing and trying a case:

1. PLAN for trial by:

· Determining the ORDER OF WITNESSES based on:

- The need for COVERAGE and ORIENTATION

- CREDIBILITY

- TONE/EMOTIONAL IMPACT

- PRIMACY and RECENCY

- Telling a STORY

· Preparing a proposed JURY CHARGE

· Preparing TRIAL MEMORANDA and BRIEFS

· Checking the COURT FILE for completeness

· Determining what EXHBITS will be used and preparing necessary copies and foundations

· Deciding on how exhibits can be most effectively PRESENTED to the court or jury

· Preparing any DEMONSTRATIVE EXHIBITS and ILLUSTRATIVE AIDS

· Using REQUESTS FOR ADMISSIONS and STIPULATIONS to establish authenticity and admissibility of exhibits

· Checking out the courtroom for using TECHNOLOGY

· Notifying all WITNESSES of time and place for their testimony

· SUBPONAING witnesses when necessary

· Scheduling WITNESS PREPARATION sessions

· Reviewing LOCAL COURT RULES and learning about the judge’s COURTROOM RULES

· Preparing a TRIAL KIT containing: White Out, Paper Clips (all sizes), Pens (all colors), Magic Markers and Underliners (all colors), Rubber Bands, Eraser, Aspirin, Stapler & Staples, Staple Remover, Black Clips, Post Its (all size and colors), Scissors, Hole Punch, Index Tabs, Tape, Round Reinforcements, Round Red Dots, Tape Measure, Tissue, Calculator, Extra Tie (if male), Imwinklereid, Evidentiary Foundations, Tackle Box (to hold all)

· Bringing any MOITONS IN LIMINE and challenges to EXPERT TESTIMONY

· Requesting JUDICIAL NOTICE when appropriate

2. Prepare for the PRETRIAL CONFERENCE by:

· Creating a WITNESS LIST, EXHIBIT LIST and a PROPOSED PRETIRLA ORDER, proposed DEPOSITION TESTIMONY, all consistent with the judge’s requirements and the local court rules

· PREMARK exhibits

· MEET with opposing counsel to discuss any stipulations, exchange exhibits and creating a proposed pretrial order

· IDENTIFY any concerns or issues about:

- Courtroom procedures

- Conduct of jury selection, making challenges, etc.

- Stating objections

- Handling exhibits

- Using technology, displaying exhibits, etc.

- Demonstrative exhibits and illustrative aids

- Calling witnesses out of order

- Alternate jurors

- Witness sequestration

- Trial schedule

- Jury charge

- Using exhibits in opening

· Obtaining settlement AUTHORITY

3. Prepare a TRIAL CHECKLIST that may include:

· MOTIONS TO SEQUESTER

· Offering STIPULATIONS and agreed upon EXHIBITS

· MOTION FOR DIRECTED VERDICT

· RESTING

· ORDER of charging jury