Your own notes may be admissible as evidence in a court case. They may be admitted for the Judge or Jury to look at directly or they may be able to be referenced by you during your testimony. If you plan on keeping notes, which you should, make sure that the version you plan on using for court does not contain any information that can portray you in a poor light or be used against you.
If your notes are something illustrative, such as a custody calendar or diagram, make sure to make them as easily interpreted and understood as possible. Text messages are becoming a more and more common form of evidence and should be presented in paper form.
Always make sure to keep a copy on your phone, do not delete them. The court will be very reluctant to skim through your phone, but it is important to keep them on your phone to verify their existence if the opposing party questions the authenticity of your paper copies. There are many programs for different phones that will allow you to print the messages in a simplified and organized fashion. Many times, documents are needed by your attorney or by the court. When presenting documents to your attorney, keep each document separate, put a cover page on each document explaining what it is, and it is important to your case.
Pictures can be a powerful piece of evidence in court. Here are a few things to keep in mind when preparing for trial:. The Trial Preparation Checklist — The purpose of the checklist is to ensure that all critical elements of trial preparation are addressed depositions, witnesses, subpoenas, charts, photos, evidentiary issues, liability, damages, jury instructions, etc. All items should be calendared and sufficient time allotted to obtain the winning edge.
Start your final trial preparation at least days before trial. Sleep each night is vital. Exercise if possible. The amount of time required for the gathering of evidence and review of documents to be submitted into evidence will depend on the complexity of the case and some matters require a full week of document organization.
Most cases will take at least a day and this task is usually done with the client assisting the paralegals or the associate attorneys on the case. The preparation of direct testimony is actually quite time consuming. The wise witness will understand that there will be an hour of preparation and practice for each ten minutes the testimony will last. One can anticipate an hour of preparation for cross examination for each five minutes of testimony given in direct.
Working with counsel to prepare the other witnesses, both expert and percipient, may also be required and one can expect a half day for each expert and a half day for each percipient witness. It is also during that time that the lawyer will be testing out his opening and probably seeking input from the client. Sometimes lack of a court room being available leads to a continuance of the trial for months. In arbitration and Federal Court such delay is unusual but it is quite typical for state court and often means gearing up again and again as the trial date again approaches.
This can be a very expensive process and one of the reasons people chose arbitration over court trials is to avoid the expense of trailing. Nonetheless, one must be ready to go each time a date is set and the client will find that when he or she arrives at the Court house an hour early, if wise that there will be a flurry of last minute questions and discussion about the case from his or her team.
Often a witness will be suddenly reluctant to testify or will have emergencies of his or her own and the client may be asked to intercede to make sure the testimony will be available. It was after a particularly difficult trial that a client, pondering the cost benefit of the exercise, made a point that this writer long pondered. I expected a complaint but he seemed well satisfied even though he had rejected an offer the first day of trial that would have netted him much more. I got my day in court.
I got to say my piece. I had a judge and jury hear me out and that was worth it to me. But what is the value of knowing I went for justice rather than settling to avoid risk? A lot. To me. Well worth it. Each client must decide the value of a trial and whether the day in court will be worth it to him or her.
One thing is for sure. If you go to trial, expect it to be an exciting, annoying, all encompassing and completely exhausting ride. And that will be for your legal team as well as yourself. Founded in , our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.
Home articles trial preparation what happens month trial. So, what happens? Pretrial briefs and Motions outside the presence of the jury. Jury instructions to submit to the Court at the beginning of the trial. Opening Statement to the jury outlining the entire case. Preparing our witnesses to survive cross examination. Preparing for motions for summary judgment or directed verdict. Unexpected Situations The lawyer should share with the witness various unexpected situations that can arise, what to do if the witness forgets a factual detail or an instruction, what to do when there is an objection from either the opposing counsel during direct or from the lawyer during cross , whatever insight there is about the opposing counsel and the judge, and more.
However, the lawyer should pay close attention to discovery and disclosure rules when doing so, as those communications may be compelled in some circumstances. Some witnesses will need guidance on posture, dress, pace, and more. The witness should understand who will be in the room: the judge or other neutral, the jury if it is a jury trial, the attorneys, court reporters, bailiffs, and those who may be permitted to spectate.
To the extent possible, the lawyer should attempt to minimize the number of possible surprises for the witness on the day of testimony. Finally, the lawyer should ensure that his or her witness is clear on the logistics for the day of testimony: where to go, how to get there, what to do before and after the testimony, and more.
The lawyer should have multiple lines of open communication available so the witness can reach out with last minute questions. Preparing a witness for trial testimony can be a daunting task for a junior lawyer, but with sufficient planning and care it can be an enjoyable and rewarding experience.
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