A trial notebook helps organize the attorney at trial. The key to trial notebook preparation is making sure all documents, notes, and evidence are easy to access. evidence preparation
Jul 02, 2020 · Often, lawyers will prepare a trial notebook for important cases that involve many variables the lawyer does not want to forget. By developing a trial notebook, the lawyer can carefully think about the case, identify the key aspects of the legal issues, ensure that the litigation strategy is appropriate and make sure to get the hearing process organized.
7. If you need to add attorneys for any reason, a good Trial Notebook brings them up to speed. 6. A good Trial Notebook can streamline your time in court which may win favor or good will. 5. If you’re support staff and create great Trial Notebooks, you might rule the firm one day! 4.
Building a Trial Notebook the Paralegal Way. Dana Ducote. Montye Holmes, CP. Hirsch & Westheimer, P.C. 1415 Louisiana, 36th FL. Houston, TX 77002
The first step in preparing the file is to create the trial notebook. The looseleaf notebook should be labeled, “Trial Notebook” with the case name indicated on the notebook spine. The eight looseleaf tab dividers are then labeled: 1. Voir Dire 2. Opening 3. Witnesses 4. Exhibits 5. Closing 6. Charge 7. Law 8. Miscellaneous
A paralegal can help by answering questions and/or getting answers from the attorney. Draft Motions While most motions are drafted and filed during the pretrial stage, it is possible that additional motions will be made during the trial.
1. The Trial Notebook forces you to organize your case from inception through potential appeal by analyzing and evaluating claims, defenses and legal theories. 3. The Trial Notebook is useful if you need to bring a paralegal, associate or other attorney up to speed.
The trial notebook is the key to The System. The notebook is divided to act as a blueprint for the trial of the case from Voir Dire through the court's charge. The goal is to use the trial notebook at every step of the litigation so that the blueprint is being completed as the litigation progresses.
This is a three-ring binder (or multiple binders) that contains the information you will need during the trial. At a minimum, the notebook should include witness outlines (or scripts), exhibit lists and key exhibits. In a complex case, you also may want a chronology, summary charts and a cast of characters.Feb 4, 2016
List the evidence presented and the witnesses presented according to the relevant sections of the trial. Draw a line down a page to divide it into two. Use one side to record comments made by the prosecuting attorney and the other side to record those made by the defense. Record the instructions given by the judge.
11 Steps to Preparing Your Trial NotebookAssemble evidence and create a list to keep track of exhibits. ... Complete your trial outline. ... Make a list of witnesses in order of anticipated appearance. ... Prepare a trial brief (if the judge accepts trial briefs) showing the summary of the law and the facts of the case.More items...•Jun 16, 2015
Trial Binder to the RescueSECTION I: Reference.SECTION II: Pleadings, Discovery, and Pretrial.SECTION III: Pending Motions.SECTION IV: Voir Dire.SECTION V: Opening Statement.SECTION VI: Outline of Order of Proof.SECTION VII: Witness Examination.SECTION VIII: Exhibits.More items...•Jul 11, 2019
Assembling Your Legal Binders Strong, clearly-written tabs for each divider can help in quickly locating information. For even better visual organization, consider colored index tabs. Dividers with pockets could provide both additional storage and a place for quickly storing new paperwork before filing it.Oct 20, 2017
Here are five simple tips to keep your discovery organized and moving.Create a Realistic Schedule and Stick to It. First, you must create a realistic timeline for discovery. ... Start Discovery as Soon As Possible. ... Date, Source, and Stamp Each Delivery of Documents. ... Prepare Privilege Log. ... Understand the New Federal Rules.Aug 31, 2016
Your trial notebook is your blueprint of your case and your road map for trial. You should begin preparing your trial notebook from the very beginning of your case. If you’re on the plaintiff’s side, this means you’ll start preparing your trial notebook before you even file your petition or complaint. And if you’re on the defense side, you should ...
Legal authorities, including statutes and case law that is relevant to your case. You should have a grasp of the important law early in the case. Include copies of any case law, statutes, and regulations that help guide one to the answer of the legal issue (s) in your case.
Prepare a trial brief (if the judge accepts trial briefs) showing the summary of the law and the facts of the case.#N#Pro: This is helpful to alert the court to important issues and areas the judge may want to research.#N#Con: it also reveals your approach to the other side, alerting them to possible proof or evidentiary problems. 1 Pro: This is helpful to alert the court to important issues and areas the judge may want to research. 2 Con: it also reveals your approach to the other side, alerting them to possible proof or evidentiary problems.
Prepare a trial brief (if the judge accepts trial briefs) showing the summary of the law and the facts of the case. Pro: This is helpful to alert the court to important issues and areas the judge may want to research. Con: it also reveals your approach to the other side, alerting them to possible proof or evidentiary problems.
For the most basic of Electronic Trial Notebooks, a lawyer can utilize thevery popular software program, PaperPort. This software comes bundled withmany scanners, including the popular Visioneer line of scanners, and isextremely intuitive. Essentially, once the software is loaded, all images scannedinto the computer will, by default, be loaded into the PaperPort software. Thelatest version, PaperPort v. 10.0 Pro, has the added capability of receiving thedocument as a PDF file, which can be viewed using the now ubiquitous AdobeAcrobat Reader software, as an easy and universal file format for sharingdocuments with co- or opposing counsel. The software utilizes the familiar folderdirectory system, and can easily mimic a traditional paper file through thecreation of separate file “folders” for each category, such as “vor dire”, “motionsin limine”, etc. Once the appropriate folders are created, relevant images can bescanned, or if already scanned, can be dragged, into the appropriate folder andcopied to as many corresponding folders as necessary. The sub folders of threewitnesses who will testify about the same document, for example, can eachcontain their own copy of that document. All applicable image files will thenreside within each appropriate subcategory folder, and can either be displayed asa thumbnail image to be easily recognized, or as the more traditional “smallicon/file name" format utilized by Microsoft Windows. Witness questions, talkingpoints, or elements of proof and the like, can all be generated using any wordprocessor, and then saved into the appropriate PaperPort folder for later recall. Additionally, images which the lawyer desires to the published to the jury caneasily be displayed in full screen mode to be sent to the projector or jurordisplays if available, by simply double clicking on the icon or thumbnail of theimage. Those images can also be annotated on screen during witnessquestioning, or before. However, the program is primarily an image managementsoftware, and not a presentation software, and as such its presentation optionsare limited.
The primary task of every lawyer engaged in litigation of any type, whetherit be primarily chancery matters or federal jury trials, is (a) to learn his client’sstory, and (2) to convey that story to the jury. We learn our client’s story throughcomplex and often tedious discovery mechanisms, such as Requests forProduction of Documents, Interrogatories, and Depositions, all of which result inthe creation of mounds of paper, folders, if not boxes, of documents, volumes ofdeposition testimony, all inevitably to be stored in multiple brown and manilafolders bulging with case law, yellow legal pads scribbled with notes, piles ofpleadings accoed together, and outlines for everything from order of proof towitness exams. The lawyer's first priority is to manage this often unwieldy massof information in a manner which permits him to discover what happened, andhow.
An interesting compromise solution between the two spectrums presentedabove is the use of NoteMap 2, published by CaseSoft, as part of their CaseMapSuite. This program, at its very core, is a very sophisticated outliner, howeverwhat lends this program so well to use as an Electronic Trial Notebook, inaddition to its intuitive ease of use, are its two unique features: (1) hoisting, and(2) linking. This software, which sells direct from CaseSoft for approximately$150, combined with an image viewer such as PaperPort or Acrobat Reader, anda transcript manager, such as TextMap, another CaseSoft product, will give itsuser much of the capability discussed above using Summation, at a fraction ofthe cost, and with a minimal learning curve.
2.5, provides a fullfeatured integrated trial notebook. Summation is the undisputed leader in thefield of litigation support software. The program is primarily a databaserepository for (1) scanned document images, which can be coded for latersearches and recall, and (2) deposition and trial transcripts, which are retained inASCII format and can be fully searched and retrieved using Boolean searches.The search and retrieval functions of this software go far beyond the scope ofthis paper, and will not the addressed in any detail herein. Suffice it to say thatthe software is feature rich, extremely complex, and provides the user with manytools for culling evidence in a user friendly format. The software has been theleader in this very narrow niche market for 10 years. The software is also veryexpensive, ranging from $1,000 for the entry level LG software, to approximately$2,500 for the iBlaze version.
A trial notebook helps organize the attorney at trial. The key to trial notebook preparation is making sure all documents, notes, and evidence are easy to access. evidence preparation. Evidence at trial must be admitted by the court. The attorney must have the original evidence and copies for all parties.
An exhibit is a physical item that will be presented as evidence at trial. Exhibits may include:
the arbitration process. Arbitration is similar to the litigation process in most states, but is less formal and occurs prior to, or instead of, the trial. advocacy. When a paralegal performs a task at the instruction of an attorney on behalf of a client, the paralegal becomes an advocate for the client’s interests.
The pretrial stage of litigation is the most crucial for both the paralegal and the client. Ninety-five percent of cases never get to trial. The success or failure of a case usually hinges on the work performed during the pretrial stage. Even those cases that go to trial are often decided on work that was done during the pretrial stage. The pretrial stage lasts until the opening statements in the trial. Tasks include:
The success or failure of a case usually hinges on the work performed during the pretrial stage. Even those cases that go to trial are often decided on work that was done during the pretrial stage. The pretrial stage lasts until the opening statements in the trial. Tasks include:
Discovery is the pretrial process of obtaining documents and information from the opposing party. A paralegal is usually deeply involved in the preparation of such documents. The attorney should review the requests before sending them to the opposing party. Chapter 11: Trial Preparation.
A paralegal is often the person who contacts the court and the other parties involved in the litigation to set a date for trial. The most frustrating part of setting dates may be finding a day that is clear on the calendars of the court and all parties. Draft Motions.