11 Steps to Preparing Your Trial Notebook
Posted on May 3, 2010 by Julie Brook, Esq.
One of the most important tasks when preparing a case for trial is to prepare a trial
notebook with everything youll need or want during trial. Dont create your trial
notebook to impress a client, an adversary, or another lawyer in your office
(although it may do so!); your notebook should reflect your personal style and the
particular requirements of the case.
The following should be included in the preparation of your trial notebook:
1. Assemble evidence and create a list to keep track of exhibits. Give numbers
(if you represent the plaintiff) and letters (if you represent the defendant) to
the evidence you will offer as exhibits or use as demonstrative evidence at
trial. Add a description, the witness who will introduce it, and leave columns
to check off whether the evidence is either admitted or offered but not
admitted.
2. Complete your trial outline. List every issue you need to prove or disprove at
trial. Next to each issue write:
a. the numbers or letters of relevant physical evidence;
b. the names of relevant witnesses;
c. any relevant cases or statutes..
3. Make a list of witnesses in order of anticipated appearance. Include a column
to check off whether a subpoena has issued and has been served.
4. Prepare a trial brief (if the judge accepts trial briefs) showing your summary
of the law and the facts of the case.
a. Pro: This is helpful to alert the court to important issues and areas the
judge may want to research.
b. Con: it also reveals your approach to the other side, alerting them to
possible proof or evidentiary problems.
5. Prepare a separate file for each witness (plaintiff and defense) listing the
facts to which you want them to testify (either on direct or crossexamination).
6. Include any pretrial orders that may regulate the trials course and prepare
written objections with points and authorities to anticipated evidence issues.
7. Prepare sample questions for jury voir dire.
8. Prepare witness lists to present to the judge for use during voir dire. In civil
cases, be sure you also prepare a brief factual statement of the case for the
judge to use during voir dire.
9. Write an outline of your opening statement and closing argument(s).
[Link] sample verdict forms.
[Link] to have all charts and other demonstrative evidence prepared.
