Chapter 11Chapter 11::

Trial PreparationTrial Preparation

§11.2§11.2 Stages of LitigationStages of Litigation

Paralegal’s pre-trial duties include:Paralegal’s pre-trial duties include:InterviewingInterviewing

Interviewing ClientsInterviewing Clients Interviewing WitnessesInterviewing Witnesses

Correspondence/CommunicationCorrespondence/Communication CorrespondenceCorrespondence

To clients, witnesses, opposing counsel, etc.To clients, witnesses, opposing counsel, etc. Client CommunicationClient Communication

The Pre-Trial Stage The Pre-Trial Stage Initial Client Interview Initial Client Interview > Opening Statement> Opening Statement

Drafting:Drafting:

Drafting PleadingsDrafting Pleadings Complaint, Answer, Complaint, Answer, etc.etc.

Drafting DiscoveryDrafting Discovery Interrogatories,R/Admissions, Interrogatories,R/Admissions,

R/ProductionR/Production Answering DiscoveryAnswering Discovery

Watch your deadlines!!!Watch your deadlines!!! Drafting MemorandumsDrafting Memorandums

Legal research findings for your Legal research findings for your attorneyattorney

Drafting MotionsDrafting Motions Motions = procedural request of courtMotions = procedural request of court

Drafting Trial BriefsDrafting Trial Briefs Briefs = argue legal points to courtBriefs = argue legal points to court

FilingFiling File Court DocumentsFile Court Documents

Filing pleadings, motionsFiling pleadings, motions Take copies to be file-stamped by Take copies to be file-stamped by

courtcourt Original to court, copies for Original to court, copies for

parties parties

File MaintenanceFile Maintenance File MaintenanceFile Maintenance Data RetrievalData Retrieval

Accessing file informationAccessing file information

ServiceService Arranging for Service of ProcessArranging for Service of Process

Service of Summons & ComplaintService of Summons & Complaint

Investigation/ResearchInvestigation/Research InvestigationInvestigation Legal ResearchLegal Research

Finding law/relevant materialFinding law/relevant material Obtaining RecordsObtaining Records

Hospital records, criminal Hospital records, criminal records, etc.records, etc.

Skip TracingSkip Tracing Locating missing client and/or Locating missing client and/or

witnesseswitnesses

Scheduling:Scheduling:

Calendar ControlsCalendar Controls Schedule appointments, hearings, Schedule appointments, hearings,

trialstrials Notify your attorney of changes!!!Notify your attorney of changes!!!

Setting Hearing DatesSetting Hearing Dates Setting Trial DatesSetting Trial Dates

Coordinating dates of court, opposing Coordinating dates of court, opposing counsel, counsel, etc.etc.

Setting DepositionsSetting Depositions Contacting witnesses, arranging timeContacting witnesses, arranging time Send Notice of DepositionSend Notice of Deposition

DepositionsDepositions Drafting Deposition QuestionsDrafting Deposition Questions

Refer to previous interviews, form Refer to previous interviews, form booksbooks

Digesting DepositionsDigesting Depositions = Indexing deposition for easy = Indexing deposition for easy

referencereference

Witness PreparationWitness Preparation Arrange SubpoenasArrange Subpoenas

For depositions & trialsFor depositions & trials Expert Bona FidesExpert Bona Fides

Proof of witness’ expertiseProof of witness’ expertise Obtain resume/curriculum vitaeObtain resume/curriculum vitae

Trial NotebookTrial Notebook Preparing Trial NotebookPreparing Trial Notebook

Collect and organize:Collect and organize: Pleadings,discovery, exhibits, Pleadings,discovery, exhibits,

witness lists/questions, etc.witness lists/questions, etc.

Settlement SupportSettlement Support Monitor settlement complianceMonitor settlement compliance

The Trial Stage The Trial Stage Opening Statement Opening Statement > Verdict> Verdict

Research & WritingResearch & Writing Drafting Trial MotionsDrafting Trial Motions Legal ResearchLegal Research

WitnessesWitnesses Arranging SubpoenasArranging Subpoenas

Most subpoenas are Most subpoenas are issued pre-trialissued pre-trial

Coordinate WitnessesCoordinate Witnesses Schedule and coordinate Schedule and coordinate

witnesseswitnesses

FileFile Prepare Prepare

Evidence/ExhibitsEvidence/Exhibits Coping and labeling Coping and labeling

exhibitsexhibits Maintain Client FileMaintain Client File

Key = Client SupportKey = Client Support

The Post-Trial StageThe Post-Trial StageVerdict Verdict > Appellate Process> Appellate Process

InterviewingInterviewing ClientsClients JurorsJurors

AppealAppeal Notice of Appeal (10 days)Notice of Appeal (10 days) Drafting Appellate BriefsDrafting Appellate Briefs

Legal ResearchLegal Research Preparing Oral ArgumentPreparing Oral Argument

Maintaining Client FileMaintaining Client File SchedulingScheduling

Carefully monitor schedule!!Carefully monitor schedule!!

§11.4§11.4 Trial NotebookTrial Notebook

Trial Notebook may include:Trial Notebook may include: PleadingsPleadings

Indexed & organized chronologicallyIndexed & organized chronologically DepositionsDepositions DiscoveryDiscovery

Interrogatories, R/Admissions, etc.Interrogatories, R/Admissions, etc. With responsesWith responses

DepositionsDepositions EvidenceEvidence

Original to courtOriginal to court Copies for witness, your side & oppositionCopies for witness, your side & opposition

MotionsMotions

WitnessesWitnesses:: List of witness to be calledList of witness to be called

Summary of expected testimonySummary of expected testimony SubpoenaSubpoena

With phone number and addressesWith phone number and addresses List of Opposition WitnessesList of Opposition Witnesses Witness QuestionsWitness Questions

Own witnessesOwn witnesses Opposition witnessesOpposition witnesses

Key: Easy access to Key: Easy access to materialsmaterials

§11.5§11.5 Preparing Evidence for TrialPreparing Evidence for Trial

ExhibitsExhibits = physical evidence for trial= physical evidence for trial

Examples:Examples: ContractsContracts MapsMaps PhotographsPhotographs Charts Charts DocumentsDocuments

Admitting EvidenceAdmitting Evidence Court must “admit” evidenceCourt must “admit” evidence

Opposition may objectOpposition may object Evidence admitted becomes Evidence admitted becomes

“exhibit”“exhibit”

Marking ExhibitsMarking Exhibits Letters or numbers used by courtLetters or numbers used by court

Example:Example: Plaintiff’s Exhibit APlaintiff’s Exhibit ADefendant’s Defendant’s

Exhibit 12Exhibit 12 Color CodingColor Coding Copies of ExhibitsCopies of Exhibits

Court, your side, opposition & Court, your side, opposition & witnesswitness

§11.6§11.6 ArbitrationArbitration

Arbitration = Mini-trialArbitration = Mini-trial

Required in many statesRequired in many states Generally: Damages Generally: Damages ≤ $40,000≤ $40,000 Intended to relieve court burdenIntended to relieve court burden

Non-bindingNon-binding Unless contract specifiesUnless contract specifies E.gE.g., “This agreement is subject to arbitration”., “This agreement is subject to arbitration”

ArbitratorsArbitrators Quasi-judgeQuasi-judge

Paid by partiesPaid by parties Appointed by Discovery Comm. or Appointed by Discovery Comm. or

MasterMaster Parties may strike or remove namesParties may strike or remove names

Arbitration HearingArbitration Hearing ““mini-trial”mini-trial”

Appeal = “Trial de Novo”Appeal = “Trial de Novo” Losing party may pay court costs Losing party may pay court costs

and attorney’s feesand attorney’s fees