Preparing for trial : 60 days and counting

The essential process of preparation in the final months before trial is the same keeping in mind that every case is unique, every court has different rules, and every judge has personal preferences. In recent years, detailed trial rules have proliferated in our jurisdictions, just as the tolerance of courts and judges of ignorance (or knowing non-compliance) with those rules has lessened. These facts along with client expectations, means there is little room for "learning by doing" in preparing a case for trial. Preparing for Trial demonstrates how to systematize your approach to the final weeks before trial, to assure there are no loose ends in your case, and to limit the stress of a very demanding time. It is an invaluable guide for trial lawyers needing to focus, prioritize and prepare for trial."

• Foreword p. xi
• Introduction p. xiii
• Chapter 1 The Case Is Going to "Go": Setting the Stage for Trial Preparation p. 1
• Teamwork p. 3
• Preparation and Balance p. 4
• The Model for Our Discussion p. 5
• Chapter 2 Day 60 to Day 30 p. 7
• Scheduling p. 8
• Flyspeck the Case: Get It into Shape p. 10
• Testing, Demonstrative Evidence, Animations, "Day in the Life" Videos p. 13
• Planning Trial Presentation Techniques p. 15
• Mediation, Insurance Coverage Issues, and Mock Trials and Focus Groups p. 23
• Mediation and Settlement Negotiations p. 24
• Insurance p. 26
• Mock Trials and Focus Groups p. 26
• Chapter 3 Day 30 to Day 20 p. 29
• Preparing the Pretrial Filings p. 31
• The Pretrial Statement p. 32
• Views p. 34
• Exhibit Lists p. 37
• Depositions to Be Presented to the Jury p. 38
• Timing of Opening Statements and Closing Arguments p. 40
• Witness Lists p. 40
• Prospects for Settlement p. 41
• Trial Counsel p. 42
• Waiver of Claims or Defenses p. 42
• The Rest of the Pretrial Package p. 43
• Proposed Jury Instructions p. 43
• The Special Verdict Form p. 43
• Requests for Findings of Fact and Rulings of Law p. 44
• Motions in Limine p. 45
• Requests Related to Voir Dire p. 48
• Establishing the Trial Schedule p. 50
• Prepare a Draft of Your Opening Statement p. 53
• Chapter 4 Day 20 to Day 10 p. 57
• Final Pretrial Conference p. 57
• Marking Exhibits and Resolving Objections p. 63
• Preparing the Client for Trial p. 65
• Chapter 5 Day 10 to Day 3 p. 71
• Prepare for Jury Selection p. 71
• Preparing Your Witnesses p. 74
• The Direct and Cross-Examination Outlines p. 74
• Witness School p. 83
• Logistics p. 87
• Take Care of Yourself p. 89
• Chapter 6 Day 3 to Day 0 p. 91
• The Final Weekend p. 91
• Assembly of the File p. 91
• Provisioning p. 92
• Polishing the Opening p. 93
• The Morning of the Trial p. 93
• About the Author p. 97
• Index p. 99