Trial Checklist. Are You Ready?
Is your trial checklist complete?
By working from such a checklist at the outset of the case, you may never have to get to trial. But just in case…
Here’s a short and sweet list, that if utilized at the outset of every case dramatically reduces the onset of panic in the weeks and days leading up to trial. It’s not intended to be a one size fits all. Instead, a platform that can be modified to your particular trial strategy or style.
- Supplement discovery
- Exhibit list. You can take this a step further… do you know your foundations for each piece of evidence or exhibit? Have you thought about calling opposing counsel to stipulate to foundational matters? EDCR 2.67(a) requires the parties to meet before any calendar call or final pretrial conference and exchange their exhibits and witness lists, “and arrive at stipulations and agreements…”
- Complete jury instructions
- Direct and Cross-examinations fully charted out with responses and proofs for objections. This step, perhaps more than any other, will help hone in on strengths and weaknesses of witness testimony, and overall theory of the case.
- Contact witnesses
- Prepare voir dire. Treat this as important as the trial itself. This is the first part of the ‘sales process’. You are searching for buy-in from your potential jurors.
- Skeleton closing/add notes to closing during trial
