The Trial Notebook by Paul Purcell - HTML preview

Title Sheet:  Trial Information

Just inside the cover, place an identifier to inconspicuously label your notebook and provide case/court info. We’ve provided an example for you called the “Trial Information” sheet. 

Tabbed Sections: (Listed with suggested forms or subsections.)

1.  Pre-Trial   (Included is a generic Section Cover Sheet to use with tabbed sections.)

Since much of what happens in pre-trial will dictate the rest of your work to follow, keep copies of all pertinent documents in with the rest of your trial work product.  Maintain copies of all motions, orders, pleadings, and the like.

Charges / Summons

Pleadings

Pre Trial Orders

Motions in Limine

Trial Brief

Bench Questions

2. Voir Dire & Jury Info

It would stand to reason that the next section should concern itself with the selection of and pertinent information related to the jury.  This area should include not only voir dire questions, but any other piece of data related to the jury while the trial is active.

Voir Dire Questions

Juror Data Sheet

Jury Consultant Report

Juror Questionnaire

Juror Seating Chart

Juror Notebooks

3.  Opening Statements

Though initially this section will only house an outline of the presenting attorney’s “statement to be,” use it to house the final transcript of your opening remarks along with the opposition’s.

Opening Statements Outline

Final Transcript of Opening

Transcript of Opposition’s Opening

4.  Presentation Schedule

The “meat and potatoes” portion of your Trial Notebook.  Here is where you’ll place your main presentation schedule outlining the issues related to your case and associated witness testimony and evidentiary exhibits.  This section is supported by the next two sections.  Your copy of your “Bench List,” or the abbreviated version of your presentation list that goes to the judge, should be placed here as well.  Also, since this section is the overview of your witnesses and exhibits, it should also contain the executive summary provided by your investigator since that work-product is from where some of your presentations have come.

Presentation Schedule

Copy of Bench Copy

Client Data Sheet

Executive Summary of Investigator’s Report

5.  Witnesses

This section is about the people who will be called to support your side of the issues.  Here, you’ll place your witness list and the background material on each witness.  Please note that our Witness List and Exhibits List cross-reference each other.

Client’s Testimony

Witness List

Witness Information

6.  Exhibits

Here is where you’ll list the various pieces of evidence or other informational exhibits and presentations you’ll be making in court.  You’ll note that our enclosed Exhibits List cross-references with the Witness List.  Also please note that you won’t necessarily place your exhibits in this notebook, you’ll simply list their descriptive information and record where the item is located in the folios, binders, or boxes you brought into court.

Exhibits List

Exhibit Info Worksheet

Exhibit Support Notes

7.  Law & Court 

Helping to bridge the gap between what you want to present and what the opposition will present we place the information on how the trial will be governed and how exhibits and witnesses will be handled.  This section should house your Table of Points and Authorities along with other supporting case and statutory law research results.  It should also contain a copy of the Bench Book or copy of any written rules for this particular court.  And, if you should choose to research any background information on prior cases this particular judge has tried and how that judge tends to rule, place that here as well (at your own discretion of course).

Table of Authorities

Judge Background

Copy of Court Rules

Case Law Research

Statutory Law Research

Clerk Communication

8.  Opposition’s Case

Just as you want to be able to find the background info on your case rather quickly, you’ll want to do the same with the intel you’ve gathered on what the opposition is up to.  Keep all of that here.  Note:  If you absolutely have to make your notebook physically smaller, this is a good section to put in a separate book.

Opposition’s Witnesses

Witness Information

Impeachment Briefs

Opposition’s Exhibits

Opposing Client Data

Discovery Index

9.  Closing Statements

Though initially this section will only house an outline of the presenting attorney’s closing argument, use it to house the final transcript of the remarks made along with those made by the opposition.  You always want to keep a copy of the opposition’s statements to make it easier to review for improprieties and a copy of your own for reference or education.

Closing Statements Outline

Transcript of Closing Statements

Transcript of Opposition’s Closing

10.  Jury Charge

Many a case has been won or lost on appeal because of the information that a jury was or was not given, or how their instructions from the court were worded or delivered.  Make sure your Jury Charge and Instruction copies are kept close at hand.

Jury Charge

Opposition Jury Charge

Final Jury Charge

Copy of Juror Instructions

11.  Verdict and Post-Trial

Sadly, there is never a guarantee that any verdict is going to go your way.  Verdicts are a part of every trial so your Trial Notebook should contain a section to hold verdict-related information to give you a starting point for post-trial work.

Verdict Forms

Post-Trial “To-Do” List

Post-Trial Filings

Post-Trial Juror Interview

12.  Daily Journal & Miscellaneous

There is no such thing as a trial without notes.  Having a Daily Journal section gives you a concise location to keep notes you’ve made, a list of motions or other issues to respond to or follow up on, and to keep either the final transcript received from the court reporter or an executive summary thereof.

Daily Court Journal

Final Reporter Transcript

**  Index & Reference (** A section, but not a numbered section.)

You should have a hardcopy Index & Reference for all the reasons previously mentioned, but this is a document (or documents) that is easier to create electronically and then print to store here.  You want to have this section so you can find witnesses, exhibits, or electronic files that may have somehow been misplaced or improperly categorized in other sections.

Documents Listed by Control Number

Alphabetical Witness List

Annotated List of Alphabetically or Numerically Organized Electronic Files

Exhibits listed by internal Control Number and cross-referenced to court’s exhibit number.

Note:  The forms listed above in red text are included in this ebook.