1. CALIFORNIACIVILLITIGATIONTRIAL PREPARATION © 2005 by Thomson Delmar Learning. All Rights Reserved.

2. KEY TO SUCCESSFUL LITIGATION: preparation!

3. ECONOMIC REALITY #1 Most profitable cases: maximum result with least money spent on preparation Least profitable cases: more money spent on continual over- preparation

4. MORAL #1 The less spent on preparation, the better.

5. ECONOMIC REALITY #2 Cases that settle are well-prepared.

6. MORAL #2 Prepare!

7. UPON TRIAL SETTING • Evaluate work completed • Assess work to be done • Review calendar based on trial date • Plan countdown to trial

8. RETURN TO THE PLEADINGS! Prepare trial strategy memo: • Causes of action/defenses • Elements of proof • Evidence available • Evidence to be obtained

9. REVIEW WORKPRODUCT Prepare for trial: • Depositions/summaries • Document indices/summaries • Legal memos

10. REVIEW ORGANIZATION • Document files • Witness files • Topic files • Issue files

11. DOCUMENT FILES Prepare for use at trial, include • chronologies • indexes • copies for exhibits • authentication • foundation

12. WITNESS FILES Prepare for trial testimony, include • deposition transcripts • discovery responses • declarations • documentary exhibits

13. PREPARING FOR TESTIMONY Witnesses will be • examined/cross-examined • shown documents • impeached • rehabilitated

14. PREPARE WITNESS FILES Cross-index and summarize • deposition transcripts • declarations • Documents and the same for other witnesses about each other

15. TOPIC FILES Prepare for use at trial, include • issue-specific documents • discovery responses • legal memos

16. ISSUE FILES Prepare collections on likely controversies at trial, include • outlines of legal issues • supporting factual summaries • exhibits of documents/testimony

17. DEMONSTRATIVE EVIDENCE— workproduct to demonstrate an issue in dispute at trial.

18. PREPARING DEMONSTRATIVE EVIDENCE Prepare outline of testimony to • lay foundation • authenticate evidence • explain what it shows

19. COMPEL TRIAL ATTENDANCE • Parties • Non-parties • Documents/things

20. COMPEL PARTY ATTENDANCE Notice to Appear • 10 days before trial • If documents, list of specific documents to bring

21. COMPEL THIRD-PARTY ATTENDANCE Subpoena/Subpoena duces tecum • Reasonable time before trial • If documents, declaration with list of specific documents to bring

22. PRESERVING RIGHT TO JURY State Court • Case management conference statement • At trial-setting conference • Payment of jury fees Federal Court • On first pleading • Trial setting • No advance fee payment required

23. JURY FEES State Court Requesting party must pay before trial to preserve right Federal Court Advance payment not required

24. TRIAL BOOK— blueprint for the trial.

25. TRIAL BOOK CONTAINS: • Pleadings • Discovery/responses • Court orders • Trial motions • Jury charts • Opening statement • Witness examinations • Exhibits • Closing arguments • Jury instructions • Legal memos and resources

26. SUMMARYReview Workproduct,Complete Work, Organize PREVIEW Trial