preparing for trial jasmine diamanti karen greene mary mark marta stott
TRANSCRIPT
PREPARING FOR TRIAL
Jasmine DiamantiKaren GreeneMary MarkMarta Stott
Agenda
Overview Working with witnesses Exhibits Technology In the courtroom
Trial prep and trial: The role of the paralegal
Organization (and re-organization) of the file materials for trial Witnesses Exhibits Demonstrative evidence Jury selection Courtroom logistics War room setup and coordination Assisting at trial Post-trial activities
You need to know certain information
Are you in federal court or state court? Will it be a jury trial? Where will the trial take place? Will it be a courtroom trial or something else?
Working with Witnesses
Witnesses are a key component to presenting a successful case Witnesses authenticate documents to be placed into evidence Witnesses serve as the compelling storytellers who convey the heart of
a case to the jury The right witnesses provide a human context for all facts presented
Witness-related documents
Witness lists Pretrial Order preparation
Witness files or kits Prepare files for attorney preparation and witness preparation Deposition transcript(s), exhibits and summaries All discovery that refers to the witness’s expertise or knowledge of events Declarations, affidavits, sworn statements by the witness Database hits and searches, including from external databases like
LexisNexis or Google Key documents that relate to the witness Correspondence to or from the witness Notes, interviews, memos of fact Subpoenas or Notice to Appear at Trial (with proof of service) Exhibits to be used, including any demonstrative exhibits Witness examination outlines/Q&As for direct, cross, rebuttal
Expert-related documents
CV or resume All reports prepared by the expert for this case List of all documents relied upon by the expert in the
preparation of his/her report(s) Copy of all documents relied upon by the expert in the
preparation of his/her report(s) Be sure to include all correspondence between the firm and the expert
All publications by the expert that relate to the subject matter of the case
Using transcripts and deposition designations at trial
For impeachment purposes or in the place of an absent witness The transcripts need to be at the courtroom during trial
Originals or certified copies (w/exhibits) in sealed envelopes Communication with the court (normally the Judge’s clerk) on protocol and
procedure is essential (this will vary from court to court) If the parties will use deposition testimony in lieu of or in rebuttal to
testimony from live witnesses, deposition designations must be prepared Communicate with the court on protocol and procedure Designations are exchanged by the parties Parties may object to the use of designated testimony Tracking the designations, objections, counter-designations, and ultimate
results is essential
The logistics of working with trial witnesses
Witness preparation meetings Send a witness file to the witness prior to meeting so that they may review
their testimony Coordinating witness trial appearances
Copy of contact information at all times Expert witness trial appearances
Attention to all the details is the
the key to success!
Trial exhibits
Potential trial exhibits come from many sources: Deposition exhibits Documents produced by a party or third party Objects Demonstrative exhibits Public sources of information External databases
Demonstrative exhibits
Used to demonstrate or illustrate key information to an audience
Types of demonstrative evidence include Blow-ups of designated trial exhibits Transparencies Videos Charts Diagrams Animations Presentations using trial presentation software
The parties must exchange exhibits and exhibit lists before trial The time of the exchange will vary depending on the
court In federal court, the pre-trial filings are due 30 days before trial In state court, the pre-trial filings are often due the first day of trial
All potential trial exhibits must be authenticated before they are admitted into evidence As the exhibits are prepared, it is important to consider how each
will be authenticated Demonstrative exhibits may need to be authenticated in more
than one way, depending on the source and type of information used to create them
This process takes more time than anyone ever anticipates, so start early
Organizing the exhibits
Numbering schemes Exhibit labels There may be 3 sets of exhibits: Yours, theirs, and joint You will need multiple copies of the numbered, labeled
exhibits Master set The number of copy sets will vary: counsel table, workroom,
attorney working copies, witnesses, judge, jurors ….
The trial exhibit list
Exchanged before trial Usually exchanged at the same time as the exhibit exchange
The format must be correct Check the local rules Check with the court clerk to be absolutely sure
You will need a comprehensive exhibit list for use at trial This is a different list than the exchanged list Includes all the exhibits, not just your side’s Exhibit number Description Sponsoring witness Bates range or other identifying information This list will be updated as the exhibits are marked and/or admitted into
evidence
Use available technology tools
If it’s already in electronic format, don’t re-invent that wheel Copy/paste features Linking between integrated software Import/export between applications
Maximize efficiency using your computer Data/document storage Sorting and re-sorting of information Searching
Litigation and trial support technology tools you should know about
Deposition database products like LiveNote and Summation Electronic file copy of the transcript Search within a transcript or across multiple transcripts Exhibits linked to transcripts Real-time transcripts Integrated with other litigation support products
More litigation and trial support technology tools Document database products like Concordance and Summation
Unlimited fields plus full-text Fast and easy search capability Electronic foldering Annotations Reports Integration with other litigation support products
The new document database products are web-enabled Examples: Ringtail, FYI, Introspect
Hosted database solutions may also be appropriate For very large document reviews/productions Where multiple parties need to access the same data Examples: Applied Discovery, Kroll Ontrack, EED, FIOS,
FTI/Ringtail
More litigation and trial support technology tools
Case analysis tools like CaseMap and TimeMap Timelines and chronologies made easy Organize any way you like: by issue, by person, by location, etc. Integrated with other litigation support products
Trial presentation tools PowerPoint can be very effective Presentation tools like Sanction and Trial Director are more full-
featured and robust than PowerPoint On-the-fly and unplanned changes in direction are easily
accommodated Integrated with other technologies (video, audio) and litigation
support products (Concordance, Summation, CaseMap, TimeMap)
Consider using technology for trial prep and trial
Witness and issue files Witness and exhibit lists Deposition designations Exhibit selection Exhibit numbering, labeling, organization, tracking Transcript management Trial presentations
Using technology can make a difference at trial To the trier of fact
Simplifies the presentation of the case Jurors are more engaged, attentive, focused
Use of technology will save time at trial Instantaneous access to the evidence Illustrations and graphics can shorten presentation time Electronic display allows exhibits to be previewed quickly when objections are
raised The court may require the use of technology Using technology may reduce expense to the client
The trial will probably be shorter Other expenses can be reduced as well
Time spent searching for, retrieving, then re-filing paper documents Making and maintaining multiple copies Shipping (fewer boxes) Transportation Storage
In the courtroom
Advance planning is essential Check with the clerk re what will be allowed in the courtroom Make sure you know any security requirements
Equipment and boxes may need to be delivered during off-hours or using freight elevators, service entrances, etc.
Plan extra time for metal detectors, searches, etc. Understand the court’s expectations
You may be required to use the court’s equipment or to share equipment with opposing counsel
The courtroom setting
Take into account the attorney’s personal style Familiarize yourself with the courtroom
The key to courtroom presentation is location Where will the attorney stand or walk Where will the court and jury have the best view of the screen or
display Ask: Who can see what from where?
Know the size and layout so you can decide on the equipment to use Power or cabling restrictions, number of outlets, availability of power
sources Physical restraints as to placement of equipment
Visit the courtroom and map out how equipment will be placed If you will be using the court’s presentation system, be familiar with it
Courtroom equipment
Check your equipment Make sure all the equipment is compatible
Test it ahead of time (in the courtroom if possible) Make sure the projector has a high enough brightness (lumens) level and
that resolution is set correctly Make sure the laptop or computer has enough memory
Especially if you will be using video clips or images If you will be playing video clips, bring your own audio system
Selection and placement of the display are important A large single screen for jurors is often best Many experts recommend using a digital projector and 1 screen that can
be seen by all jurors and all parties Multiple LCD displays in the jury box are another option Multiple computer monitors in the jury box may also be considered
Take backup equipment so it’s available when (not if) there’s a snafu
Again, check on the availability of electrical power sources or outlets
Courtroom logistics
Who will set up the equipment before trial? You will need to work with the clerk or bailiff to schedule setup
time in the courtroom Who will operate the system during trial?
Be sure to schedule some practice time in the courtroom Will you need technical assistance on-site during the
trial? If any trial testimony will be videotaped, make sure
you’ve made appropriate advance arrangements Court reporter, videographer, etc. The testimony must be in the proper format
Make arrangements to safeguard the equipment
Summary
Trial can be the best of times and the worst of times To keep your experience positive:
Plan ahead Be organized Use your resources efficiently
Thanks!
Jasmine Diamanti, senior paralegal
Ray Quinney & Nebeker
Mary Mark, trial consultant
Mark & Associates
Karen Greene, legal technology consultant
Baker Robbins & Company
Marta Stott, senior paralegal
Berman & Savage