1. Chapter 11
Trial Preparation

2. 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

3. 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

4. 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

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

6. 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

7. 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

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

9. 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

10. 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!!

11. 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

12. 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

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

14. 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

15. 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”

16. 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