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Get ready for trial day with key insights on judge preferences, trial logistics, jury instructions, and exhibit strategies to maximize your courtroom performance. Prepare thoroughly to ensure a successful outcome.
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Are you ready?Preparing for the First Day of Trial La’Verne Edney Butler Snow Law Firm Cal Mayo Mayo Mallette PLLC
Know What the Judge Likes • Will there be a Pretrial Conference? • Motions in Limine • Will briefing/argument be allowed? • Daubert/Expert objections • Outstanding Dispositive Motions • Exhibit Objections • Objections during depositions • Deposition designations to be used at trial • Settlement discussions • Who must attend
Trial Logistics • Voire Dire • Order of Witnesses • May have to take witnesses out of order • Order/Presentation at trial • Rebuttal Case? • Confirm scope of disclosures/exchanges • Are there trial breakout rooms • Does the Judge want his/her own copies of exhibits? In what format? • Audio/Visual evidence
The Court’s Time & Resources • Will the Judge have hearings on other matters during trial? • Will the Judge enforce time constraints? • Will the trial be broken up? • Will there be time limits on openings/closings? • When does trial start/end? • Will there be breaks? • Is live feed of the transcript to war room allowed?
Know even the simple things • Where does the Judge want attorneys to stand: • When making objections • Limited to rule # • Court’s view of sidebar conferences • When examining a witness • Can witnesses get off the stand? • When giving openings/closings • Is permission required before approaching a witness?
Jury Instructions • How does the Judge like those? • Prepare and review jury instructions (jury)/outline of claims and defenses (bench) • Your client • Court • Opponent
Exhibits • Does the court have a preference regarding asking permission to publish? • Are there limitations on what may be published? • Can you publish to the jury before admission? • Do impeachment documents need to be disclosed ahead to time? • How many copies of physical exhibits does the court want? • Are exhibits to which there has been no objection in PTO deemed admitted?
Preparation is key!!! • Opening statement and closing argument • Outline JMOL/DV arguments • Prepare witnesses • Designate deposition testimony • Outline cross-examination questions • Subpoena witnesses
The Jury Venire • When will you get the list of potential jurors? • Research jury venire • Determine if there is a need for a jury consultant • How does the Judge like to conduct voire dire? • Are there jury questionnaires?
