Chapter 11 Trial Preparation

Stages of Litigation The Pre-Trial Stage Paralegal’s pre-trial duties include: Interviewing: Interviewing Clients Interviewing Witnesses Correspondence/Communication Correspondence To clients, witnesses, opposing counsel, etc. Client Communication

Drafting: Drafting Pleadings Drafting Discovery Answering Discovery Complaint, Answer, etc. Drafting Discovery Interrogatories,R/Admissions, R/Production Answering Discovery Watch your deadlines!!! Drafting Memorandums Legal research findings for your attorney Drafting Motions Motions = procedural request of court Drafting Trial Briefs Briefs = argue legal points to court

Arranging for Service of Process Filing File Court Documents Filing pleadings, motions Take copies to be file-stamped by court Original to court, copies for parties File Maintenance Data Retrieval Accessing file information Service Arranging for Service of Process Service of Summons & Complaint

Investigation/Research Legal Research Finding law/relevant material Obtaining Records Hospital records, criminal records, etc. Skip Tracing Locating missing client and/or witnesses

Scheduling: Calendar Controls Setting Hearing Dates Schedule appointments, hearings, trials Notify your attorney of changes!!! Setting Hearing Dates Setting Trial Dates Coordinating dates of court, opposing counsel, etc. Setting Depositions Contacting witnesses, arranging time Send Notice of Deposition

Drafting Deposition Questions Digesting Depositions Refer to previous interviews, form books Digesting Depositions = Indexing deposition for easy reference Witness Preparation Arrange Subpoenas For depositions & trials Expert Bona Fides Proof of witness’ expertise Obtain resume/curriculum vitae

Preparing Trial Notebook Collect and organize: Pleadings,discovery, exhibits, witness lists/questions, etc. Settlement Support Monitor settlement compliance

The Trial Stage Opening Statement > Verdict Research & Writing Drafting Trial Motions Legal Research Witnesses Arranging Subpoenas Most subpoenas are issued pre-trial Coordinate Witnesses Schedule and coordinate witnesses File Prepare Evidence/Exhibits Coping and labeling exhibits Maintain Client File Key = Client Support

The Post-Trial Stage Verdict > Appellate Process Interviewing Clients Jurors Appeal Notice of Appeal (10 days) Drafting Appellate Briefs Legal Research Preparing Oral Argument Maintaining Client File Scheduling Carefully monitor schedule!!

Trial Notebook Trial Notebook may include: Pleadings Depositions Indexed & organized chronologically Depositions Discovery Interrogatories, R/Admissions, etc. With responses Evidence Original to court Copies for witness, your side & opposition Motions

Witnesses: List of witness to be called Subpoena Summary of expected testimony Subpoena With phone number and addresses List of Opposition Witnesses Witness Questions Own witnesses Opposition witnesses Key: Easy access to materials

Preparing Evidence for Trial Exhibits = physical evidence for trial Examples: Contracts Maps Photographs Charts Documents

Admitting Evidence Marking Exhibits Court must “admit” evidence Opposition may object Evidence admitted becomes “exhibit” Marking Exhibits Letters or numbers used by court Example: Plaintiff’s Exhibit A Defendant’s Exhibit 12 Color Coding Copies of Exhibits Court, your side, opposition & witness

Arbitration Arbitration = Mini-trial Required in many states Generally: Damages ≤ $40,000 Intended to relieve court burden Non-binding Unless contract specifies E.g., “This agreement is subject to arbitration”

Appeal = “Trial de Novo” Arbitrators Quasi-judge Paid by parties Appointed by Discovery Comm. or Master Parties may strike or remove names Arbitration Hearing “mini-trial” Appeal = “Trial de Novo” Losing party may pay court costs and attorney’s fees