CIVIL PROCEDURE

1. CIVIL PROCEDURE CONTENTS OF A TRIAL NOTEBOOK

2. CONTENTS OF A TRIAL NOTEBOOK Trial Notebooks are used to collect and organize information for the use of a trial attorney during the trial. Ordinarily, loose-leaf binders with color tabs are used. Trial notebooks may contain the following main divisions, or main tabs: Reference Pleadings and Pre-Trial Final Motions Voir Dire Opening Statement Outline of Order of Proof Witness Examination Exhibits Trial Motions and Authority Jury Instructions and Verdict Form Closing Argument Law Notes and Reminders

3. CONTENTS OF A TRIAL NOTEBOOK Reference Tab: Table of Contents Persons and parties at trial Court staff, phone numbers Own staff Witness and client phones Opponent staff and phones Case Summary Proof Chart, elements and proof in case.

4. CONTENTS OF A TRIAL NOTEBOOK Reference Tab, Proof Chart, continued.

5. CONTENTS OF A TRIAL NOTEBOOK Pleadings Tab: Major pleadings, complaint, answer, tabbed and color coded. Alternate method, summarize pleadings Include pretrial orders Last minute motions Tab: Remaining pretrial motions with supporting authority Authority to oppose expected last minute motions by adverse attorneys.

6. CONTENTS OF A TRIAL NOTEBOOK Voir Dire Tab: Jury Challenge Chart Desired and undesired profiles Outline of proposed questions Statutory grounds for challenges Note paper Opening Statement Tab: [prepared by attorney, use large type.] Complete text or outline.

7. CONTENTS OF A TRIAL NOTEBOOK Witnesses Tab Own Witnesses on Direct Examination (sub tab for each) synopsis of witness information Chronological Outline of questions Notation of what exhibits to be introduced by witness Notations to diagrams or audiovisual aids Conflicting testimony, if any Rehabilitation questions Summary of statements, cross indexed Copies of subpoena and proof of service.

8. CONTENTS OF A TRIAL NOTEBOOK Witness Tab, continued: Adverse Witnesses, for cross examination [use different tab colors] Similar to items for our own witnesses, but emphasize conflicting and inconsistent statements Copies of impeachment exhibits, criminal records, etc. Exhibit Tab: (Sometimes this is a separate book) Exhibit Log Exhibits in expected order, with marked copies for judge, adverse, reporter, witness, self, clerk for ELMO

9. CONTENTS OF A TRIAL NOTEBOOK Exhibit Tab, continued, example of exhibit log:

10. CONTENTS OF A TRIAL NOTEBOOK Trial Motion and Authority Tab: Any motions for dismissal or for directed verdict. Consult with attorney for what to include. Include legal authority for motion, where appropriate or needed. Jury Instruction and Verdict Tab Attorney�s copy of all instructions proposed, with copies Adverse proposed instructions Final copy of instructions for the judge If bench trial, copy of request for findings of fact and conclusions of law. Verdict form

11. CONTENTS OF A TRIAL NOTEBOOK Closing Argument Tab Text or outline, as instructed, using large type List of props, if any Note paper to modify as trial progresses Law Tab Trial memorandum on all anticipated issues of law Include responses to anticipated arguments of adverse Rules of evidence or procedure to be cited

12. CONTENTS OF A TRIAL NOTEBOOK Notes Tab List of to-do items before trial, and as notebook is built. Blank paper for notes during trial The end!