Trial Checklist |

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Practice Tip Sheet

Trial Checklists

I like checklists, don’t you? Especially in a project, such as a trial or arbitration, where there are so many details to attend to, I can’t survive without a checklist. I’ve had a number of versions over the years; here is a recent iteration. Do you have any items to add?

Deadlines

Review all Court Rules, Local Rules, and Standing Orders or Pretrial Orders issued by your Judge
Calendar all deadlines for submitting all required pre-trial materials

Materials Lodged or Filed with the Court

Jury fees, if applicable
Joint Pretrial Statement (federal court)
Exhibit list and objections
Witness list
Deposition designations, counter-designations, and objections
Discovery response designations, counter-designations, and objections
Original deposition transcripts, if applicable
Trial briefs on disputed issues of law, if required by Court
Motions in limine, and oppositions
Proposed voir dire questions (joint or separate, as required by Court)
Proposed jury instructions and verdict forms (joint or separate, as required by Court)

Organization of Prep Materials

Identify who will be drafting each motion, brief or document
Coordinate with each drafter about cite checking and exhibits
Assign paralegal staff to each document, as appropriate
Prepare trial notebooks or electronic files for attorney team

Presentation and Visuals

Contract with trial presentation vendor, if applicable
Prepare demonstrative exhibits
Prepare slides for opening and closing arguments

Witnesses

Prepare witness files with deposition transcripts, declarations, direct or cross examination outlines, trial exhibits, designations, and other useful information
Draft proposed schedule for testimony of each fact and expert witness
Schedule trial preparation meetings with witnesses
Prepare and serve trial subpoenas or notices to attend trial

Exhibits

Prepare premarked trial exhibits in paper or electronic formats as required by Court
Prepare chart of proposed trial exhibits identifying sponsoring witness and date marked for identification and date admitted

Courtroom and Travel Logistics

Determine courtroom setup – size and lay-out, availability of court reporter, real time, wi-fi, projector screen or monitors, document camera, procedures for use of electronics
Gather courtroom supplies (electronic equipment, cables, electronic files with backup, notepads, pens/pencils, markers, labels, file folders, etc.)
War room arrangements, if applicable
Arrange for transport of all trial and war room materials to courtroom and war room
Any special arrangements needed for travel, hotel rooms, meals

What’s on your trial checklist?

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