Deck 11: Trial Preparation and Trial

Question 1

What are the trial preparation tasks to be performed by the paralegal well before trial? In the last six weeks before trial?

Answer 1

Well before trial, verify that all disclosure to date, as set out in the applicable rules or in the court's scheduling order, is complete. About ninety days before trial is a good time for the litigation team to meet to review the status of the case and to assess the need for the preparation of trial exhibits and other courtroom presentations, especially if the presentation will be high-tech.
Although trial preparation time frames vary with the complexity of the case, at least six weeks prior to trial, check the case status sheet to verify that all necessary investigation and discovery are complete. Exhibit 11.2 is an example of a case status sheet.

Question 2

How can you assist the attorney at voir dire and other stages of the trial?

Answer 2

You can assist by taking detailed notes of the proceeding, noting when a juror is stricken, noting witness testimony, and assisting in witness communication at trial.

Question 3

What steps must be followed in subpoenaing witnesses?

Answer 3

Some attorneys prefer to subpoena only the witnesses who are not considered friendly; however, the best practice is to subpoena all of the witnesses needed for your case. Do so unless instructed otherwise. Some witnesses prefer to be subpoenaed so that it can be made clear that they have been ordered to testify, especially if the witness has a business or friendly relationship with both parties of the lawsuit and wants to remain, or at least appear, neutral. A subpoena also gives the witness something to show an employer for the absence from work. It is a good idea to explain to each witness the necessity of serving them with a subpoena.
Subpoenas for trial are obtained and served in the same way they are obtained and served for depositions.

Question 4

What benefits are derived from diagrams and other audiovisual aids? Whom might you consult when preparing your own diagrams and charts?

Question 5

Draft a checklist for preparing clients and other witnesses for testifying at trial. Include a special section on preparing expert witnesses. Place the checklist in your systems folder.

Question 6

List and describe current technology and some typical audiovisual aids used in the courtroom.

Question 7

What is a juror notebook?

Question 8

What aspects of the trial notebook can you draft?

Question 9

How can you help in conducting a jury investigation? What information should be gathered and from what sources?

Question 10

What are the rules in your jurisdiction on the admissibility of and proper foundation for demonstrative evidence, including diagrams?

Question 11

Add copies of or references to the trial and in limine motions to both the trial and motions sections of your systems folder.

Question 12

Define three types of verdicts.

Question 13

What is a trial notebook? List and define its key components.

Question 14

How can you assist the attorney in preparing the client or a witness for trial testimony? What ethical considerations must be kept in mind?

Question 15

Locate the applicable local, state, and federal rules of evidence on demonstrative evidence. Place these in your systems folder.

Question 16

What are jury instructions? What should you do to prepare a draft set of instructions for the attorney?

Question 17

What purpose does the juror data sheet serve?

Question 18

What special information might you want to know about jurors for Case II, the Ameche case?

Question 19

Place a list of or page reference to the steps in obtaining and serving subpoenas in your systems folder. Having the list in both the deposition and trial preparations sections will prove useful.

Question 20

What is the importance of a case status sheet?

Question 21

What pretrial preparation should be made relating to the courtroom and its use?

Question 22

Research form books, the Internet, case law or electronic forms for jury instructions in your jurisdiction. Place a list of the major sources in your systems folder. Prepare a list of instructions that you believe will be needed in the Forrester case for your attorney's review.

Question 23

What is a trial box?

Question 24

Prepare a list of paralegal tasks to assist the attorney at trial and describe research and writing tasks that a paralegal can do in preparing the trial notebook.

Question 25

Your attorney has requested that you assist in preparing a list of questions for prospective jurors in the Forrester case. What special information might you want to know about jurors for the Forrester case? Draft a list of questions for your attorney's review.
Juror Information Case 1, Forrester Case
Pro Forrester
Pro Mercury Panel and Hart

Question 26

What limitations does social media present in jury investigation?

Question 27

What special information might you want to know about jurors for the Coleman case, Case III? Case V?
      Juror Information Case III, Coleman Case

Question 28

Use the Internet or page through legal periodicals such as bar journals, the National Law Journal, and others, and develop a brief bibliography or source list of companies that prepare, sell, or rent audiovisual aids. Seek information on vendors that provide such services in your area. Add this information to your systems folder.

Question 29

What audiovisual aids would be useful in the Forrester case for the plaintiff? For the defendant?
Using the information that you have gathered on the scene of the accident in the Forrester case, prepare a courtroom diagram of the accident scene.

Question 30

What are the basic stages in the trial?

Question 31

In familiarizing yourself with courtroom decorum, trial preparation, and witness trial testimony, identify how a paralegal should conduct herself or himself regarding the following: (a) clothing, (2) demeanor, and (3) techniques and ethics for answering questions. What miscellaneous tasks can a paralegal do to help things go smoothly for the legal team outside the courtroom during trial?

Question 32

Research form books for jury instructions in your jurisdiction. Then make a list of instructions that you believe will be needed in the Coleman case.

Question 33

What ethical limitations must be considered when using social media for prospective juror investigation?

Question 34

What audiovisual aids would be useful in the Coleman case for the plaintiff? For the defendant?
Using the information that you have gathered on the scene of the accident in the Coleman case, prepare a courtroom diagram of the accident scene. Be creative.

Question 35

Which witnesses should be subpoenaed and why?

Question 36

What is a shadow jury and under what circumstances will it be used?

Question 37

Draft a brief checklist of the minimum courtroom presentation equipment and backup for courtroom technology problems. Place a copy of your list in your systems folder. Add a copy of or a page reference to the audiovisual aids listed in the technology subsection of the chapter. If not provided otherwise, seek an opportunity to use some presentation technology.

Question 38

When are findings of fact and conclusions of law used in the trial process?

Question 39

Whom might you consult when preparing your own diagrams and charts?

Question 40

What types of motions could be filed prior to trial and what are their purposes? During trial? After trial?

Question 41

The judge usually determines whether the jury is allowed to take notes, have mid-trial discussions, or ask questions of witnesses.

Question 42

Instant transcript reporting allows the legal team to make changes to the transcript from laptop computers.

Question 43

Professional jury services are expensive and not very helpful in jury investigation.

Question 44

What miscellaneous tasks can a paralegal do to help things go smoothly for the legal team outside the courtroom during trial?

Question 45

A good rule of thumb is to use demonstrative evidence, regardless of whether you think it will help or not.

Question 46

Peremptory challenges are unlimited in number.

Question 47

What does ABA Civil Trial Practice Standard 6.c recommend about availability of the verdict form?

Question 48

Which three of the jury investigation methods would you like to participate in and why? Show your understanding of the method and its advantages in your answer.

Question 49

What are the pros and cons of subpoenaing witnesses from each side?

Question 50

Briefly describe the elements of good paralegal decorum at trial stated in the text. Add any suggestions from your instructor.

Question 51

Compare and contrast a trial and an arbitration hearing.

Question 52

Prepare a list of paralegal tasks to assist the attorney at trial.

Question 53

What is the purpose of jury investigation?

Question 54

How can you help prepare for objections or arguments that might arise at trial?

Question 55

Go to the site for the ABA Civil Trial Practice Standards and download the standards to your computer screen. List the standards that address:
a. judicial control over trial presentations
b. juror note-taking
c. juror questioning of witnesses

Question 56

The case status sheet should be started in the month before trial.

Question 57

The best practice is to subpoena all witnesses necessary to prove your case.

Question 58

What is a case status sheet and how is it helpful in trial preparation?

Question 59

Go to the sites for the National Jury Project and the Jury Research Institute. Compare services offered and note the nature of any articles available.

Question 60

Describe research and writing tasks that a paralegal can do in preparing the trial notebook.

Question 61

A special verdict is one

A) that sets punitive damages.
B) in which the judge decides based on findings of fact by the jury.
C) in which the jury decides based on directions from the judge.
D) that finds for the plaintiff, but awards no damages.

Question 62

A trial notebook should contain all evidence gathered through discovery.

Question 63

To be admissible, demonstrative evidence must

A) be an exact representation.
B) be stipulated by your opponent.
C) have evidentiary foundation.
D) be under subpoena duces tecum.

Question 64

In preparing witnesses for trial, it is important to

A) be tactful.
B) tell them all the details of the case.
C) keep them from knowing how other witnesses are likely to testify.
D) tell them to look at the attorney when answering questions.

Question 65

Subpoenas may be obtained at the last minute before trial.

Question 66

Demonstrative evidence

A) may sometimes help the other side more than your own.
B) is too expensive for most cases.
C) is less important to today's jurors.
D) always requires professional preparation.

Question 67

It is unethical to research the background of the trial judge.

Question 68

If you know that a witness plans to lie under oath, it is

A) the witness's concern.
B) the attorney's concern.
C) your concern.
D) all of the above.

Question 69

Which of the following is the best method of jury investigation if costs must be kept to a minimum?

A) Jury surveys
B) Jury information sheets
C) Mock jury
D) Juror interviews

Question 70

A case status sheet shows the

A) legal team how their case will look to a jury.
B) judge how soon the case will be ready for trial.
C) legal team what is left to be done.
D) opposition how strong your case is.

Question 71

What do you need to remember about identifying documents on a subpoena duces tecum?

Question 72

If the judge for your trial follows a docket list, what must you watch for?

Question 73

Which of the following is not a function or use of a juror data sheet?

A) A summary sheet for the attorney during voir dire
B) A paralegal's checklist to determine what information to gather
C) A record of juror experiences related to trial issues
D) A checklist for jurors to keep track of evidence during trial

Question 74

Differences in preparing a client for trial as opposed to depositions include which of the following?

A) More communication with client
B) Familiarizing client with courtroom
C) Advising client on clothing choice
D) All of the above

Question 75

A general verdict

A) must be consistent with answers to interrogatories from the judge.
B) is decided by the judge.
C) results in a new trial.
D) indicates the amount of any award if the plaintiff wins.

Question 76

Translating body language

A) is the most helpful tool in jury selection.
B) should be done with caution.
C) is based on irrefutable scientific study.
D) all of the above.

Question 77

Shadow juries

A) are required by Federal Rule 47.
B) can be helpful in preparing the closing argument.
C) cannot be managed by paralegals.
D) are allowed only by leave of the court.

Question 78

Subpoenas need to be reissued if

A) there is a change of venue.
B) there is a postponement.
C) they are challenged.
D) the trial lasts longer than a week.

Question 79

A well-prepared paralegal will take into the courtroom

A) hard-copy backups of all exhibits.
B) a cell phone for frequent office communication.
C) no duplicate materials, to reduce confusion.
D) a new designer handbag, to impress the jury.

Question 80

A paralegal may be responsible for

A) pointing out areas of witness examination missed by the attorney.
B) deciding when to enter a motion in limine.
C) questioning jurors at voir dire.
D) extensive out-of-court interaction with jurors.