Ipe.may.12.trial.presentation.

 TRIAL PREPARATION FROM START
TO FINISH

1

 Creating a Trial Notebook

 Preparation Your Witnesses

 Effective Use of Evidence

 Succeeding at Trial

2

Why a Trial
Notebook?

Which looks better to
you?
Fumbling for
information or finding
it quickly?

3

Hard Bound
Notebook

One Notebook
3- hole
Index pages

4

 Every lawyer has their own method.

 Meet with the trial team and decide what
goes into the notebook.

 It is not meant to “house” everything.

5

 Use three ring loose leaf lined papers.
 Notes can be placed at initial team
conference.
 Notes can be added during prepping of
witnesses.
 At the whim of the attorney in the middle of
the night.
 During the trial.

6

 Place all motions in limine from plaintiff (or
draft if you represent the plaintiff) in this
section.
 Make sure each motion has a number, not
just a title.

7

 Place each defendant’s motions in limine in
this section.
 Put numbers on the bottom of their motions
if not provided by counsel.
 If more than one defendant, each named
defendant gets their own section.

8

 Place copies of case law that may be used
during motions in limine hearing.
 Place all copies of case law that may be used
during jury instruction conference.
 Place all copies of case law that may be
needed during the course of the trial.

9

 Place all jury instructions provided by the plaintiff in
this section.
 If you represent the plaintiff, start a draft of jury
instructions while preparing the Complaint.
 Make sure Instructions show IPI number and
whether the instruction has been modified.
 Need a number to the instruction, i.e. plaintiff
instruction No. 1
 Add a section for admitted, denied, or reserved so
you can check the box during the conference.
11

 Add a section for each named defendant and
place their instructions in this section.
 If they are not numbered, do so, it makes it
easier during the conference to identify
them.

12

Witnesses

Front section
should contain a
list of all
witnesses (names,
address, phone
numbers).

Trial subpoenas
with green cards
attached and
placed in
alphabetical order
13

 Place all outlines in this section.
 Put them in alphabetical order.
 Have a few copies of each outline for all the
trial team members.

14

Exhibits
Front of this
section should
contain an index
of all trial
exhibits
If case is small
enough, place
copies of the
actual exhibits
in this section.

15

Complaints

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
This section is for a 
 DUPAGE COUNTY, ILLINOIS

copy of all 

JANE DOE,
Plaintiff,
)
)
Complaints.  vs.

) Case No.
)
 DR. STRANGELOVE, M.D. ) JURY DEMANDED
 and HIS CORPORATION, )
 LTC, an Illinois Corporation,)
Be certain to have  Defendants.
 )
)
stamped filed copies 

only. 
 COMPLAINT AT LAW
 NOW COMES the Plaintiff, JANE DOE, by and through her attorneys, BEST PLAINTIFFS LAWYERS
IN TOWN, P.C., and for her Complaint against Defendants, DR. STRANGELOVE, M.D. and HIS
CORPORATION, states as follows:
Include all Amended 
 COUNT I
JANE DOE vs. DR. STRANGELOVE, M.D.,: NEGLIGENCE
Complaints. 
 1. At all times relevant to this cause of action, Defendant, DR. STRANGELOVE, M.D., was, and is a
physician licensed in Illinois and practicing in the field of whatever medicine in the middle of nowhere,
DuPage County, Illinois.
May include 3rd Party  2. At all times relevant to this cause of action, Plaintiff, JANE DOE, was under the care and treatment
of Defendant, DR. STRANGELOVE, M.D., for the purposes of receiving whatever medicine, care and
treatment.
Complaints and 

3. At all times relevant to this cause of action, Defendant, DR. STRANGELOVE, M.D.,

Cross-Complaints, or  held himself out, and otherwise informed the public and the Plaintiff that he possessed the

place in their own
section.

16

 All defendant answers to Complaints and their
Affirmative Defenses, if any are placed in this
section.
 If multiple defendants, may place in the order of
caption, or in the alternative, make separate
sections for each named defendant.
 Be certain to only place stamp-filed copies into
the section.
 On index, be certain to include affirmative
defense if one is pled at the end of the answer.

17

Plaintiff
Start with
answers to
interrogatories

Then any
supplemental
answers to
interrogatories

Finally all versions
of 213 Answers
with most recent
being last

18

Defendants

Start with answers to
interrogatories

Then any
supplemental
answers to
interrogatories

Finally all versions of
213 Answers with
most recent being
last

19

 Place plaintiff and defendants Rule 237
notices in separate sections in the notebook.
 Be certain to review the 237 notices for all
documents and that required people will be
available in court.
 Generally these conferences are held
informally be the parties so that all
information can be exchanged.

20

Electronic
Notebook

Best suggestion is to
have the trial notebook
in the same format as
your hard bound
 Trial
notebook.
Notebook
Have back up thumb-
drives with notebook.
Have the actual hard-
bound trial notebook in
reserve.
All kinds of software
available, Exhibit A for
i-pad users to
Sanctions, Trial
Director,I-Blaze
Summation, etc.

21

 How to begin?
 Go through all discovery answers, especially
Rule 213 answers of all parties.
 When completing all abstracts of depositions,
make sure no one mentioned in testimony that
should be added to the list of witnesses.
 Go through medical records and other
documents to be certain all have been identified.
 If additional witnesses are found, immediately
update answers to Rule 213’s.
 Discuss with trial team and try and scale down
the amount of witnesses, if necessary.
23

Preparing your
Witness for a
Deposition

Meet with the attorney, be certain
you are aware of what the attorney
expects from the witness.
What documents, if any, would they
attorney like you to show the
witness?
Never show a document to a
witness unless it has been cleared
with an attorney.
Arrange for a time and place to
meet.
Meet the witness alone, in a quiet
place (your office or their home).
Go over discovery answers and
statements, if any.
Go over all documents and if any
changes, let attorney know
immediately.
Remind them of attire.
Remind them to be courteous.
Emotions need to be in check. 24

 Make sure you understand all facets of the
rule.
 Go over all the answers to Rule 213’s, and
amendments.
 Check with the attorney for specifics before
you meet with the witnesses

25

Lay Witnesses
(f) 1

Lay witnesses may
include:

Your client

Damage Witnesses

Eye Witnesses

26

 Make sure they have reviewed their deposition or
statements, if given.
 Go over all written discovery answers.
 Go over documents produced in discovery, if applicable.
 DO NOT hand them the witness outline or any written
questions.
 Explain process of trial; direct, cross-examination and re-
direct.
 Review all exhibits to be used by the witness, if any.
 Answers any questions they may have about the process.
 Take them to the Courthouse.
 Go over Courtroom etiquette.

27

Independent
Expert Witness
(f) 2

Independent Expert
Witnesses may
include:

Police Officers

Doctors

28

 Be certain you are in a position to be able to prepare them for trial.
 If they are a treating doctor and your attorney represents the
defendant, you may not speak to them.
 If your attorney represents the plaintiff, you may speak to a
subsequent treating physician.
 Be certain that the subsequent treating physician is not being
represented by their own counsel, if so contact their lawyer before
setting up any meetings.
 For police officers, it is best to call the Chief of Police to get
permission to speak with the officer.
 Make sure they have copies of their depositions, if taken.
 Be sure that they have reviewed all documents, this includes any
answers to Rule 213.
 If using demonstrative evidence, get them familiar with them prior
to trial.

29

Controlled Expert
Witness
(f) 3

“Controlled
expert
witnesses”
includes
persons such
as retained
experts.

30

 Even though your expert may have testified in
numerous court cases, the facts and circumstances of
your case are unique.
 Make certain they are familiar with all the information
they are relying on as a basis for their opinions.
 Make certain they have reviewed their deposition
testimony.
 Also go over any opinions that they have previously
produced.
 Go over any materials they plan on using, i.e. medical
literature, books, charts, diagrams, and
demonstrative exhibits and evidence.
31

Organizing Trial
Witness
Information

Be certain their testimony
outline is in the trial
notebook.
Get a box and place
accordion folders marked
with each witness’ name,
role, and phone number, and
place in alphabetical order.
Within each separate witness
folder, place manila folders.
The manila folders contain:
Answers to interrogatories
Mini deposition transcripts, if
available.
CV’s if applicable.
Copies of all exhibits to be
used with the witness at trial.
Copy of the witness outline.

32

Choosing your
Technological
Direction

Lots of choices:

Pad of paper
Whiteboard
Foam Boards
ELMO Projector
PowerPoint or Corel
Software Trial
Presentations

34

 How to begin preparing the exhibit list?
 When abstracting the depositions go over all the exhibits used during the
depositions and determine those documents you deem appropriate for
trial.
 Go through all the production request responses, might find by-laws, etc.
 Think about medical records, x-rays, MRI’s, etc.
 Call your experts and see if they want to use some demonstrative
evidence.
 How about a timeline, will that help the jury?
 Not all exhibits on the list may be actually used at the trial.
 Make several copies of the exhibits and place them in 3-ring binder and
mark it “Exhibits”.
 Prepare an index of the Exhibits.
 Place number indexes in the exhibit book for easy retrieval.
 Each exhibit will need to be numbered before the trial.
 Prepare an exhibit notebook for the Judge.

35

Once the List is
Prepared

Once the list has been finalized
and all the exhibits marked:

Make several copies of the list
so all the trial team members
have their own copy.

Place a copy at the front of the
Exhibit Notebook, the book for
the Judge, and another one in
the Trial Notebook.

The list itself can be used to
track those exhibits that have
been admitted into evidence
and those that go back to the
jury.

36

 Once the exhibit list has been prepared, place all
the exhibits into the notebook, number them
and place actual number dividers with the
exhibits for easy location during trial.
 If exhibits are limited in number, place them into
the Trial Notebook.
 For more exhibit intensive trials, place them in
their own notebook.
 Be certain, wherever the exhibits are, that
multiple copies of the exhibits are available, so
that the attorney may present them to the judge
and counsel before using them with a witness.
37

Demonstrative
Evidence

Demonstrative evidence is
for illustration and
clarification.
Some types of demonstrative
evidence are:

Models
Maps
Photographs
Videos
X-rays
Charts
Medical Illustrations
Graphs
Computer Animations
Timelines
Physical Photo Albums

All of the above can be done
using low or high technology.

38

Court Rules and
Practices

Every County has its own
local rules.
Some Judges have rules
that apply to their own
courtroom.
Meet with the judge’s
clerk, bailiff and secretary
and find out what those
rules will be before the
trial begins.
Make certain the attorney
has asked the judge if you
can sit at the trial table,
this is only common
courtesy.
In Illinois, know Rule 213
and how it applies to the
witnesses.

39

Jury
Instructions

Illinois has its own set of
Pattern Jury Instructions.
These can be found in:
Textbook
CD
On-line
Notice the instructions are
divided by categories, i.e.
general, damages, etc.
The instructions will need to
be case specific so it will
require changes, deletions
and additions be made
pursuant to the instructions
themselves, or case law.
Some cases have no pattern
instructions, so they need to
be prepared pursuant to the
case law.

40

 Once the jury instructions have been drafted, sit down with the attorney
with the book, CD or on-line and get them done in final form.
 Be sure to place I.P.I. number and Plaintiff’s instruction No. ___.
 With the IPI number add: Admitted, Denied, or Reserved, so you know
what happened to the instruction after the conference is completed.
 Make another set of the instructions without the number on them, so
you are prepared at the instruction conference.
 Once you have received copies of opposing counsel’s proposed
instructions, make sure they have numbers on them as well.
 Place copies of all proposed jury instructions into the Trial Notebook.

41

 Take charge of the questionnaires.
 Make Notes.
 Be certain to keep track of where the
potential jurors are seated in the jury box.
 Observe.
 Keep track of pre-emptive strikes of all
parties.
 Know who has been removed for cause.
 Discuss your thoughts with the attorney.
42

Assisting with Jury
Selection

Your job is to assist
the attorney in
identifying those
jurors whose
attitudes and
prejudices will not be
helpful to their client.

What you need to do?

Observe, note,
discuss.

43

Tips for Working in
the Courtroom

Meet with the judge’s staff
before the trial and introduce
yourself.
Get a handle on the jury
selection process in advance
of the trial.
Know the rules, motions in
limine the Friday before the
trial begins?
Be polite ,respectful and
ethical.
Pay attention to the judge,
jurors and the attorneys.
Work out logistics with the
attorney before the trial.
Write notes to be given to
the attorney before witness
is dismissed.
Never discuss case anywhere
other than the office.
Never speak with a juror.

44

Surviving the Trial

Trials are extremely
stressful.
Take care of yourself.
Make sure you get as
much sleep as you can,
when you can.
Eat properly and drink
plenty of water.
Keep your emotions in
check.
Lashing out at support
staff or others is
unacceptable behavior.
Think before you speak
if you are tired.
There can never be too
much preparation.

45

 Thank you for allowing me to present this
material to you.

46

Ipe.may.12.trial.presentation.

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