1. CHAPTER 12
Trial Procedures

2. Introduction
Trials cost both time and money, so parties to lawsuits often try to avoid going to trial
Pretrial negotiations between the parties and their attorneys often lead to an out-of-court settlement
In many cases, parties opt for alternative dispute resolution, such as mediation or arbitration

3. Preparing for Trial As Trial Date Approaches
Paralegals collect and organize the documents
Create a trial-preparation checklist
Settlement negotiations often continue
Both sides must assume that the trial court will decide the issue
Must be prepared for trial
Learning Objective: How attorneys prepare for trial and how paralegals assist in this task.

4. Preparing for Trial Contacting and Preparing Witnesses
Contacting witnesses and issuing subpoenas
Preparing witnesses for trial
Tell witnesses what to expect
Role-playing
Numerous details

5. Preparing for Trial Exhibits and Displays
Paralegals frequently prepare exhibits or displays
Must be properly prepared
Ready to introduce at trial
Special equipment must be set up in courtroom
Easel
Projector
Laptop computer

6. Preparing for Trial The Trial Notebook One or more three-ring binders
Contains trial-related materials separated by tabbed dividers
Key materials
Attorney will tell paralegal what to include, how to organize
Paralegal creates index
Protect original documents
Notebook should not contain original documents
Copies only

7. Preparing for Trial Courtroom Technology Digital records and video
Access thousands of documents quickly
Digital video recording
Court reporting
Trial presentation software
Mixed media presentations
Diagrams, graphic illustrations, models, schematics
More visually stimulating, more engaging

8. Pretrial Conference Attorneys Meet with Trial Judge
Explore possibility of resolving case
Determine how trial will be conducted
Clarify issues in dispute
Establish ground rules
Motion in limine
Motion to limit evidence

9. Jury Selection Panel of jurors must be assembled
Randomly selected by the court clerk, informed via mail
Gathered into a single pool of jurors at courthouse
Process of selection begins
Some types of trials require twelve-person juries
Civil matters can be heard by as few as six jurors
Learning Objective: How jurors are selected and the role of attorneys and their legal assistants in the selection process.

10. Jury Selection Different demographics Voir Dire
Attorneys question prospective jurors
Process helps to pick the right jury
Also allows attorneys to introduce themselves
Goal is to uncover any biases
May last an hour or many days

11. Jury Selection Jury Selection Experts and Tools
Picking a jury is a critical step in a trial
Picking a jury is often done by instinct
Jury selection is becoming a big business
Significant sums spent on jury consultants
Paralegals can use online “digital shadow”
Ability to find revealing information is a valuable skill

12. Jury Selection Challenges during Voir Dire Challenges for cause
Unlimited number of challenges for cause
Peremptory challenges
Limited number of peremptory challenges
Procedure for challenges
Challenges written on paper
Jurors do not know which side dismissed an individual

13. Jury Selection The Paralegal’s Role during Voir Dire
Help develop jury profile
Draft questions that will be asked
Another pair of eyes and ears during jury selection
Paralegals are free to observe all jurors
Paralegal then reports observations to attorney

14. Jury Selection Alternate Jurors Unforeseeable circumstances Illness
Two or three present during trial
Do not participate in deliberations
Are dismissed when deliberations begin

15. The Trial The Paralegal’s Duties
Assemble the documents and materials needed in court
Decide what will be needed for the next day
Monitor each witness’s testimony
Have relevant deposition transcript
Review the day’s events
Learning Objective: The various phases of a trial and the kinds of trial-related tasks that paralegals often perform.

16. The Trial Opening Statements Brief version of the facts
Supporting evidence to be used in trial
Summary of the story to unfold
“Road map” of the trial
Defendant’s attorney has right to reserve opening statement until after plaintiff’s case has been presented

17. The Trial The Plaintiff’s Case Direct examination Cross-examination
Make the questions relevant
Focus on credibility
Redirect and recross
Try to repair any damage done

18. The Trial Motion for a Directed Verdict
Motion for judgment as a matter of law
Defendant argues not enough evidence offered
If granted, case is dismissed
Seldom granted
If witnesses’ testimony leaves a crucial element unproven, judge may grant this

19. The Trial

20. The Trial The Defendant’s Case
Attorney presents evidence demonstrating the weaknesses of plaintiff’s claims
Call witnesses to the stand and question them
Subject to possible cross-examination
Attempt to counter the points
Rebut evidence

21. The Trial Closing Arguments Attorneys summarize their presentations
Argue in their clients’ favor
Include all of the major points
Emphasize the shortcomings of the opposing party’s case
Explain their arguments

22. The Trial Jury Instructions Charge Definitions of legal terms
Judge sums up the case
Instructs jurors on the rules of law that apply
Definitions of legal terms
Standard instructions on deliberations
Request for findings of fact, typically phrased in an “if, then” format

23. The Trial

24. The Trial The Verdict Decision to favor one of the parties Damages
Claim or counterclaim
Jury will specify the amount
Jurors are then discharged
Judgment issued by the judge
Consistent with the verdict

25. Posttrial Motions and Procedures
Motions after the Trial
Motion for judgment notwithstanding the verdict
Must have already filed for directed verdict
Supporting affidavit
Motion for a new trial
Must be filed within ten days of judgment being filed
Learning Objectives: The options available to the losing party after the verdict is in.

26. Posttrial Motions and Procedures
Appealing the Verdict
Goal to have decision reversed or modified
Appellate court would review
Notice of appeal
The appellate brief and oral arguments
The appellate court’s options
Affirm
Reverse
Remand
Learning Objective: How a case is appealed to a higher court for review.

27. Enforcing the Judgment
Judgment Creditor
One who has obtained a court judgment against a debtor
Creditor may not be able to obtain full amount
Laws protecting debtors provide that certain property is exempt from seizure
Home, up to specific value
Tools used by debtor in his or her trade
Paralegals can collect judgments, research assets

28. Enforcing the Judgment
Social Media Tools at Work
Paralegal can employ social media skills to research judgment debtor’s assets
Search engines and social media postings may provide important clues

29. Enforcing the Judgment
The Complex Roles in Litigation
Civil litigation
Plays an important role in our society
Practice
Requires patience, appreciation of strategy, and attention to detail
Paralegal’s role
Successful litigation paralegal: highly motivated, attentive to detail, strong written and oral skills, curious, competent with technology
Important and invaluable to attorney

30. Summary
Before the trial, attorneys for both sides and their paralegals gather and organize evidence, documents, and other materials relating to the case.
Before trial, the attorneys for both sides meet with the trial judge in a pretrial conference.
During the voir dire process, attorneys for both sides question potential jurors to determine whether any potential jurors should be excluded from the jury.

31. Summary Once the jury has been selected and seated, the trial begins.
Once the jury reaches a decision, it issues a verdict in favor of one of the parties and is discharged. The court then enters a judgment.
After the verdict has been pronounced and the trial concluded, the losing party’s attorney may file a posttrial motion or an appeal.

32. Summary
Even though a plaintiff wins a lawsuit for damages, it may be difficult to enforce the judgment against the defendant, particularly if the defendant has few assets.
The paralegal is often involved in locating assets so that the attorney can request a writ of execution.