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MAKING THE JUDGE HAPPY

TOP TEN STRATEGIES FOR BEING SUCCESSFUL AT TRIALGEORGE W. SOULESOULE & STULL LLCJANUARY 5, 2015

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PREPARED + ORGANIZED + PROFESSIONAL= HAPPY JUDGE= MORE EFFECTIVE AT TRIAL

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1. FOLLOW JUDGE’S PROCEDURES

Follow standing orders Check for unwritten courtroom

procedures No re-cross examination Tender expert before opinion

questions

Meet and confer on motions

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TRIAL PROCEDURES

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CIVIL LITIGATION SECTION: COURTROOM PREFERENCES

Do you perform preliminary voir dire? Yes

Do you place a time limit on voir dire by counsel? No

Is there subject matter you will not permit counsel to ask of the jury? YesIf yes, please explain: Please do not argue the facts, the law, ask the panel members to speculate as to what they would do, ask hypotheticals, etc. Stick to questions relating to bias or prejudice and do not repeat questions I have asked.

Do you require counsel to sit or stand during questioning of witnesses? Don't care, they can do either

Do you require counsel to be behind counsel table unless counsel has a specific reason to approach a witness? Yes

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Chu, Regina

Counties: Hennepin

COURTROOM ETIQUETTE

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2. MAKE PRETRIAL SUBMISSIONS REASONABLE

Trial brief Motions in limine

Number Confer with opponent Concise Specify evidence you wish to exclude Checklist

Schedule Daubert/Frye challenges

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STREAMLINE YOUR EXHIBIT LIST

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REASONABLE EXHIBIT LIST

• List exhibits you expect to use

• Submit joint exhibits• Avoid voluminous

notebooks• Scientific articles?

NOT TOO MUCH, NOT TOO LITTLE, JUST RIGHT

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3. BE PREPARED

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AVOID DELAYS

Have witnesses readyAlert the court to

problemsHave your exhibits ready Practice technology

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UNDERSTAND AND BE READY

Foundation for exhibitsFoundation for opinionsQualify expertsImpeachment

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4. BE HONEST• Be faithful to facts

and law• Answer questions

directly• Correct mistakes• Apologize if

appropriate• Keep your

promises

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5. PREVIEW ISSUES = NO SURPRISES

Preview exhibits and presentations for opening statements

Avoid contested exhibits or obtain ruling

Alert judge of controversial exhibit or testimony

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6. BE ORGANIZED

Deposition submissions (boring) Streamline Highlight transcript, flag objections Edit video in advance

Jury instructions Submit stipulated set as much as possible Designate changes to pattern instructions

Pocket briefsSOULE & STULL LLC

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MARK JURY INSTRUCTIONS

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CIVJIG 75.35 Liability of Manufacturer or Seller of Goods--Negligence

Duty of the manufacturer or seller to use reasonable care

A (manufacturer) (seller)of a product such as Emerson has a duty to use reasonable care to protect (people who are) (property that is)likely to be exposed to unreasonable risk of harm.A (manufacturer) (seller)must use reasonable care in the (manufacture) (assembly) (inspection) (packaging) and (testing)of the product to protect (users or consumers) (users' or consumers' property).“Reasonable care” is the care a reasonable person would use under the same or similar circumstances.[A manufacturer must keep up with scientific knowledge and advances in the field. You should judge whether the manufacturer used reasonable care in the light of that duty.]

MAKE IT EASY FOR JUDGE TO MAKE RULINGS

THINK LIKE A JUDGE

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7. BE PROFESSIONAL IN THE COURTROOM

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DO

Show respectStand Use formal names Keep a straight face

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DO

Address the courtGive reasonable notice of

witnessesPrepare your witnesses

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DON’T

Be argumentative in voir direObject unless answers really matterMake speaking objectionsRequest excessive bench

conferences

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DON’T

Denigrate opponentShow disapprovalSignal answers Be disruptive

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DON’T BE DISTRACTING

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8. MOVE THE TRIAL ALONG

Resolve settlement discussions Stipulate to exhibits Prepare joint set of exhibits Avoid excessive repetition

Multiple witnesses Overlapping expert opinions

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9. TREAT JUDGE’S STAFF RESPECTFULLY

Show same respect as for judge Help court reporter

Speak slowly Spell names and technical terms

Help clerks reconcile exhibits Provide courtesy copies

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10. TREAT UNFRIENDLY JUDGE RESPECTFULLY

Remain respectful Make a record

Insist upon on-the-record discussions Submit offers of proof Make record of prejudicial conduct

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SUMMARY

1. Follow judge’s procedures

2. Make submissions reasonable

3. Be prepared4. Be honest5. Preview issues so no

surprises

6. Be organized7. Be professional in

courtroom8. Move the trial along9. Treat judge’s staff

respectfully10. Treat unfriendly

judge respectfully

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