Trial Preparation in General
Trial Notebook
Compelling Attendance of Trial Witnesses
Work Product For Trial Use
Trial Dates, Jurors and Trial Strategies
100
Is a valuable aid prepared for internal use, and can be used to evaluate a motion. Can also be filed in support and opposition of motions. Can indicate types of evidentiary arguments to make during trial.
What is Legal Memorandum.
100
Is part of the trial notebook. Contains a brief objective description of the case, read to prospective jurors so that they know the nature of the dispute.
What is a Case Statement.
100
The attendance of a third-party witness at trial is compelled by this method.
What is Civil Subpoena
100
Oral questioning of a witness at trial.
What is examination; direct or cross.
100
It is a Constitutional right and one of the most important rights that litigants exercise. It's important that trial counsel and the client carefully consider whether to exercise this right.
What is Right to Jury Trial.
200
Transcripts of this type can be reviewed for potential testimony. Contains early discovery statements of parties or witnesses. Can be critical to impeachment.
What is a Deposition Summary/Transcripts
200
Part of the trial notebook. It's an "outline" of the questions to be asked of each witness to be called in support of the attorney's case.
What is Outline of Direct Examination.
200
When a third-party is compelled to appear and produce documents at trial, this type of document is used. Can also require productions of electronically stored information.
What is a Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration
200
Reestablishing credibility of a witness or juror after impeachment or prejudicial statements.
What is rehabilitation.
200
The first step in preserving a right to a jury trial is to request it in this statement.
What is Case Management Statement.
300
First work-product/ "memo" created specifically for trial preparation and trial.
What is a trial strategy memo.
300
A chart showing essential evidence that counsel has offered t he court that has been admitted into evidence or rejected by the court.
What is an Exhibit Chart.
300
DAILY DOUBLE: When a third-party is compelled to appear at a deposition and bring documents and things.
What is Deposition Subpoena for Personal Appearance and Production of Documents and Things.
300
Prepared specifically for presentation to the judge or jury, to demonstrate some aspect of the disputed facts. For example, a party in an action rising out of a bicycle accident might have a chart prepared to show the intersection.
What is demonstrative evidence.
300
State court requires timely payment of these fees; paid for service and can include meals and mileage.
What is a Jury Fee
400
It's a part of the trial notebook and includes a copy of relevant legal memoranda, cases, and statutes to which counsel may refer during the trial, organized by issue, such as procedural, substantive, and evidentiary.
What is Research/Legal Research
400
It's a part of the trial notebook, and it is a memorandum setting forth the facts and the law that summarizes the entire case for the trial judge.
What is a Trial Brief.
400
Trial appearance of a party to the lawsuit is compelled this way.
What is a Notice to Appear.
400
If demonstrative is to be used, this type of "evidence" establishes its accuracy. T his "evidence" establishes the underlying facts of an issue.
What is Foundation evidence.
400
It's part of the trial notebook. It contains a "captioned" list of those who will testify at trial.
What is Witness List.
500
Any analysis, collection, list, or other type of document prepared as part of the attorney's impression and preparation of a case. Privileged information.
What is Work-product/Attorney work-product.
500
It's a part of the trial notebook and it contains orders concerning the trial, whether they be local rules, or's a set of instructions.
What are Pretrial Orders.
500
Friendly witness, even expert witnesses must be compelled to trial with this method.
What is a Subpoena.
500
It's a description of a type of evidence for the record. It is generally "marked." It's tangible evidence to be admitted based on the witness's testimony. When it's entered it is "marked" for what?
What is Identification
500
It aids in selecting people who will decide a case. Counsel uses it and usually has a checklist of desirable traits and undesirable traits that should be included for easy reference.
What is a Jury Chart.
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