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Posted: May 25th, 2022
Trial Notebook
What is the purpose of the trial notebook?
The trial notebook is possibly the most vital tool an attorney can prepare on a case. The main purpose of the trial notebook is to keep regularly referred to items or very vital items readily accessible (Kerley et al., 2011). Case files increase very rapidly and as the date of the trial nears, the trial notebook becomes a quick tool of reference and is very helpful.
What are the contents of the trial notebook?
The contents of a trial notebook include the following:
• Investigation materials
• Initial case assessment
• Contact information of the trial team
• Pleadings
• The statements of witnesses
• Deposition summaries
• Motions
• Voir Dire
• Medical Records
• Exhibit List
• Jury Charge
• Trial Briefs
• Case law
What are the standards by which a trial exhibit is evaluated?
A trial exhibit is evaluated on the bases of an expert. A professional may base a view on data or facts in the case that he/she has been made aware of or observed personally. A trial exhibit is also evaluated on the summary of the rules of evidence.
What motions might be appropriate during a trial?
• Motion to dismiss-this is where an attempt is made to make the judge to dismiss the case or a charge. This may be done in cases where the evidence is inadequate.
• Motion to suppress-this is an attempt to keep particular evidence or statements from being presented as evidence (Kerley et al., 2011).
• Motion for venue change-may be made for different reasons encompassing pre-trial publicity. For instance, if the local news has reported on the case a great deal, the involved parties may deem it necessary to move the trial to a new venue to safeguard the right of the defendant to an impartial jury.
What are the major components of a trial?
The main components of a trial include the following:
• Selecting a jury
• Opening statements
• Testimony of witnesses and cross-examination (Kerley, Hames, & Sukys, 2010)
• Closing arguments
• Instruction of jury
• The deliberation and verdict of the jury
References
Kerley, P., Walter, J., Joanne Banker Hames, J., & Paul Sukys, J. (2011). Civil Litigation. Boston, MA: Cengage Learning.
Kerley, P. N., Hames, J. B., & Sukys, P. (2010). Civil Litigation. Oxfordshire, England: Taylor & Francis.
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