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Are you ready? Preparing for the First Day of Trial. La’Verne Edney Butler Snow Law Firm Cal Mayo Mayo Mallette PLLC. Know Your Judge and Jurisdiction. Visit the Venue. Know What the Judge Likes. Will there be a Pretrial Conference? Motions in Limine Will briefing/argument be allowed?
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Are you ready?Preparing for the First Day of Trial La’Verne Edney Butler Snow Law Firm Cal Mayo Mayo Mallette PLLC
Know What the Judge Likes • Will there be a Pretrial Conference? • Motions in Limine • Will briefing/argument be allowed? • Daubert/Expert objections • Outstanding Dispositive Motions • Exhibit Objections • Objections during depositions • Deposition designations to be used at trial • Settlement discussions • Who must attend
Trial Logistics • Voire Dire • Order of Witnesses • May have to take witnesses out of order • Order/Presentation at trial • Rebuttal Case? • Confirm scope of disclosures/exchanges • Are there trial breakout rooms • Does the Judge want his/her own copies of exhibits? In what format? • Audio/Visual evidence
The Court’s Time & Resources • Will the Judge have hearings on other matters during trial? • Will the Judge enforce time constraints? • Will the trial be broken up? • Will there be time limits on openings/closings? • When does trial start/end? • Will there be breaks? • Is live feed of the transcript to war room allowed?
Know even the simple things • Where does the Judge want attorneys to stand: • When making objections • Limited to rule # • Court’s view of sidebar conferences • When examining a witness • Can witnesses get off the stand? • When giving openings/closings • Is permission required before approaching a witness?
Jury Instructions • How does the Judge like those? • Prepare and review jury instructions (jury)/outline of claims and defenses (bench) • Your client • Court • Opponent
Exhibits • Does the court have a preference regarding asking permission to publish? • Are there limitations on what may be published? • Can you publish to the jury before admission? • Do impeachment documents need to be disclosed ahead to time? • How many copies of physical exhibits does the court want? • Are exhibits to which there has been no objection in PTO deemed admitted?
Preparation is key!!! • Opening statement and closing argument • Outline JMOL/DV arguments • Prepare witnesses • Designate deposition testimony • Outline cross-examination questions • Subpoena witnesses
The Jury Venire • When will you get the list of potential jurors? • Research jury venire • Determine if there is a need for a jury consultant • How does the Judge like to conduct voire dire? • Are there jury questionnaires?