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Going to Trial, God Forbid! Artifacts, Trial Notebooks and Witness Prep

Going to Trial, God Forbid! Artifacts, Trial Notebooks and Witness Prep. Kirsty Davis kirsty@gracelaw.org April 2011. MasterMemos. What is a MasterMemo? A MasterMemo is a memo that combines all the interviews conducted of one witness into one document and organizes by topic.

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Going to Trial, God Forbid! Artifacts, Trial Notebooks and Witness Prep

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  1. Going to Trial, God Forbid! Artifacts, Trial Notebooks and Witness Prep Kirsty Davis kirsty@gracelaw.org April 2011

  2. MasterMemos • What is a MasterMemo? • A MasterMemo is a memo that combines all the interviews conducted of one witness into one document and organizes by topic. • At the end of the MasterMemo you note all the things to be cautious of – contradictions, witness is crazy, etc… • Purpose is to have all the info a witness could testify to in one document.

  3. Witness Directs • Once you create MasterMemos and decide to who to use as witness , create Directs for each witness. • This is basically a role play scenario of how testimony could play out. • Then the attorney can use this document when preparing the witness for testifying. • Make any edits – remove questions that don’t want, change answers etc… • NEVER show the witness this document – this could lead to it being discoverable, as something used to refresh the witnesses memory.

  4. Trial Notebooks • Binders on almost EVERYTHING. • Defense Lay Witnesses. • Experts – Defense & State. • State Witnesses. • Relevant Records. • How many binders? • As many as you need! We can have as many as a couple of dozen binders if we go to trial.

  5. Defense Lay Witnesses • So what do you put in your binder? • For every witness: • Interviews – Memos or MasterMemos. • Copy of the Direct. • Relevant records to them – school records, criminal/civil history records, medical records, psychiatric records, etc…

  6. Experts – Defense & State • So what do you put in your binder? • For every expert: • Resume/CV • Articles they have published • Media • Prior testimony in this case • Prior testimony in other cases • Any reports

  7. State Witnesses • So what do you put in your binder? • For every potential state witness: • We cover everyone subpoenaed. On first day of trial gave witness list, considerably smaller so changed binders. • Interviews – Memos or MasterMemos. • Relevant records to them – school records, criminal/civil history records, medical records, psychiatric records, etc… • Prior testimony. • If witness is a police officer – include any police report they are mentioned in as well as their personnel files.

  8. Relevant Records • So what do you put in your binder? • Every record relevant to the client’s and the case: • Statements to law enforcement. • School records. • Medical records. • Autopsy report. • Crime scene photos/diagrams.

  9. Artifacts • Artifacts of a life: Photos, ribbons, art, yearbooks, certificates, trophies, etc. • Demonstrative Evidence – Current photos of the client's ram shackled home, neighborhood, school, community, etc.; Videos; family trees • Need to figure out in witness prep who can identify and exhibit the artifact.

  10. Witness Prep

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