Category Archives: Checklists

TRIAL REMINDER OUTLINE

We returned from our family cruise and and I am working to prepare for a trial starting Monday in Seattle involving a Florida corporation’s operation of delivery trucks transporting goods purchased from Sears and Best Buy on our public roads. Their breach of trust to the traveling public for providing safe drivers resulted in a rear end collision with our client’s pick up truck. The resulting fire burned him to death leaving a young pregnant wife. Due to the trial I haven’t had time to prepare something so I’m printing a basic trial checklist which I may have shared before. You can revise to fit your own approach to trials.

TRIAL CHECKLIST

CASE TITLE:
CASE THEME:

FAULT -RULES BROKEN
1.
2.
3.

CASE DESCRIPTION: (briefly stated starting with defendant’s betrayal of trust)

A. PREPARE KEY DOCUMENTS
__1. DECIDE WHAT LARGE POSTERS vs SLIDES OR ELMO
__2. MEDICAL BILLS
__3. DAMAGE & LIABILITY PHOTOS
__4. DAMAGE ELEMENTS OUTLINE
__5. BACKGROUND OUTLINE (Family, dates etc)
__6. FAULT & RULES OUTLINE
__7. AERIAL PHOTOS
__8. BODY – INJURY AREA DRAWING
__9. ANNIMATION OR VIDEOS
__10. MEDICAL RECORDS
__11. MEDICAL ILLUSTRATIONS
__12. “STORY BOARD” DRAWING
__13. POSITIVE PRINTS X RAYS
__14. CT, MRI etc PREPARED
__15. HOSPITAL RECORDS
__16. DAY IN LIFE/VIDEO/STILL
__17 WAGE LOSS
__18. ARTICLES OR BOOKS (CX)
__19. KEYNOTE OR POWERPOINT SLIDES

B. EQUIPMENT

__1. ELMO
__2. PROJECTOR & SCREEN
__3. LAP TOP & IPADS
__4. PORTABLE PRINTER
__5. PORTABLE PAPER
__6. CORDS & POWER STRIPS

C. TRIAL NOTEBOOKS-IPADS

__1. TRIAL NOTEBOOK COMPLETED – IPAD DOWNLOADED
__2. TESTIMONY NOTEBOOKS HARDSCOPY ALPHABETICAL
__3. RESOURCE NOTEBOOK HARDCOPY NUMERICAL TABS WITH INDEX
__4. JURY NOTEBOOK COMPLETE
__5. SOFTWARE FOR JURY, TRIAL ETC

D. TRIAL PREPARATION

__1. MOTION IN LIMINE FILED/ORDERS (see standard set)
__2. TRIAL BRIEF
__3. JURY INSTRUCTIONS INCLUDING PRELIMINARY
__4. VOIR DIRE PREPARED
__5. OPENING STATEMENT PREPARED WITH EXHIBITS/SLIDES
__6. DIRECT EXAM OUTLINES PLUS EXHIBITS TO BE USED
__7. CROSS EXAM OUTLINES SAME
__8. SUMMATION OUTLINE WITH PLANNED EXHIBITS

E. WITNESS PREPARATION

__1. WITNESS SCHEDULE DETERMINED
__2. CLIENTS
a. Advised re dress
b. Seen video about trial
c. Read depostion & interrogatory answers
__3. FACT WITNESSES
a. See above
b. Subpoenaed/Prepared
c. read depos/statements
__4. MEDICAL EXPERTS
a. Seen medical exhibits
b. Seen bills – “reasonable & necessary”
c. Prepared – exhibits & articles
__5. NON MEDICAL EXPERTS
a. Read depositions, reports & interrogatories
b. Reviwed exhibits, illustrations & video
c. Reviewed testimony
__6. NOTICE OF ATTENDANCE?
__7. LAY DAMAGE WITNESSES – selected & prepared
__8. INVESTIGATION OFFICERS – seen reports & exhibits

Expert witness checklist

The way to avoid mistakes is to have a standard operating procedure for what you do in your law practice. The checklist for doing things can be very simple. Once it is put into use it can be added to or revised as experience dictates. Here is a very basic and simple checklist for a plaintiff expert witness. Obviously a lot more detail should be added, but it’s a start.

INITIAL LETTER

Every expert we contact must receive a letter from us. If they have declined to help us, write and confirm that fact as well as the expressed reasons for not participating. If they agree to help we must confirm that fact in a letter as well. Have a 30 day reminder to check on the status with the expert

EXPERT MATERIAL

Once expert has agreed to participate we will send them athree ring notebook with dividers and index of relevant materials.The attorney will specify what materials to send, but remember that as a generalrule, any and all materials provided are discoverable by the defennse.Get the expert’s CV

TRIAL DATE

Be sure to notify the expert in writing as soon as the trial date is assigned.

EXPERT DISCLOSURES

When the defense experts have been disclosed send it to our experts and ask for assistance or information. Have a reminder on hearing back

DEPOSITION ARRANGEMENTS

Note: You must arrange contact between the attorney and expert by phone at least ten days before the deposition to make sure expert has what is needed for deposition and to answer any questions

If our expert is staying overnight: check with lawyer where to put them up.
Send expert information about deposition.
Always arrange an advance conference before the deposition with attorney and expert. Check with attorney as to how long the conference should be scheduled to last.
Find out from lawyer if deposition should be video taped or perpetuation deposition should be taken at same time.

DEPOSITION MATERIALS

If any subpoena from the defense is received or served on expert give a red flag message to attorney for possible response.
Prepare a list of all materials provided expert
Make sure attorney travel folder contains: (1) deposition result memo form (2) copy of any disclosure we made or interrogatory answer regarding the expert (3) copy of notices of deposition or subpoenas (4) any reports of expert and (5) directions to location for deposition