Don’t let the details slip through the cracks on your way to the courthouse. Keep this checklist handy during your last three months of trial preparation.

CHECKLIST FROM 90 DAYS TO 30 DAYS OUT

90 days to trial

• Review the file to refocus your theme
  • Assign tasks and who is responsible
  • Schedule periodic meetings to check status
  • Refine your theme
• Medical Records and Bills
  • Order all updated and current records and bills
  • Call client to determine any new HCPs
  • Attention to records produced before depositions
• Updated Records to Experts
  • Inform defense in writing that updated records have been provided to experts
• Organize Your Medical Record Expense Binder
  • Summary of all amounts, listed by provider, with the total past expenses at the bottom
  • Provide to defense
  • Make sure all expenses are related to negligence
• Notify Your Experts of the Trial Date in Writing
  • Should case settle, immediate notices to experts
• Update Expert Information
  • Experts need to re-examine client–schedule
  • Life care planner and economist supplement reports
  • Send all new records to your experts
  • Life care planner time to talk with any treating physicians and/or your damage experts
  • Provide supplemental reports to the defense
  • Have life care plan recommendations actually been implemented; see if they can be
  • Provide copies of experts own depositions and completed errata sheets
  • Provide copies of all relevant depositions to experts
  • Provide clients and fact witnesses their depositions
  • Provide client copies of answers to interrogatories
• Deposition Abstracts/Follow-Up
  • Create time-line using depo. testimony and records
  • F/U w/ outstanding matters from the depositions
• Elements of Proof
  • Prepare checklist of how intend to prove each element of your case
  • Start with proposed jury instructions, identifying each element of proof
  • Create checklist which identifies by witness or document the source of proof for each
  • Checklist serves as reminder if some of proof is lacking – correct deficits
• Witness Checklist
  • Prepare a checklist of all witnesses
  • Include all contact information (telephone numbers, travel & hotel info., & dates expert absolutely cannot testify)
• Factual/Legal Research
  • Have your case law, articles, research testimony, and motions at ready for defense areas of attack
• Learned Treatises
  • Have and understand the information
  • If not exclusively for impeachment, may need to disclose to defense
  • Use experts to locate articles
  • Who is authenticating?
• Update Discovery Responses
  • Review discovery responses; supplement
  • Review defendants’ discovery responses to determine sufficiency of responses
  • If deficient, send good faith letter
  • If good faith letter goes unanswered, file your motion to compel
• Testimony Outlines
  • Begin outlines of direct and cross examinations
• Trial Notebooks
  • Law: All court orders, including the Pretrial Order; motions in limine; voir dire; jury instructions; stipulations; and ‘hot correspondence’ (those letters setting forth representations that each side has memorialized);
  • Hot Pleadings: Answers to interrogatories; responses to request for production of documents; responses to request for admissions of fact; motions for summary judgment; Daubert/Frey motions; other pleadings that you believe may be revisited during trial;Plaintiff’s Witnesses: Each with own tab (includes proposed examination; depo. abstract; depo. transcript (condensed); any correspondence relating to testimony;
  • Defense Witnesses: Same as plaintiff’s witness binder;
  • Exhibits: Originals in a sleeve (not 3 hole punched), w/ more than sufficient copies for all
  • Deposition Binder: single binder w/ all condensed transcripts, abstracts, and exhibits.
• Narrow Down Your Field of Witnesses
  • Decide which of witnesses you will call to the stand.
  • Any duplicative; any not do well at depositions; add’l info. hurting credibility?
  • Advise not calling in writing
• Lien Information
  • Received updated medical lien information
  • Send appropriate notice letters to medicaid, medical assistance, medicare, etc.
  • Attempt to negotiate prior to reaching settlement
  • If client is on medicare or social security, may have to institute a special needs trust
• Preparation of Demonstrative Evidence
  • Create demonstrative evidence to engage jury
  • Who are witnesses to authenticate & verify accuracy
  • Do research & arguments prepared for objections
  • Decide which exhibits to enlarge
  • Decide which to present via electronic means
  • Have back-up hard-copy exhibits (Murphy’s Law)
  • Contact court for judge’s preferences re electronic evidence
  • Visit courtroom during off-hours – what capabilities does courtroom have to manage electronic equipment
  • What required to get equipment through security
  • Extension cords and strip power outlets
• Impeachment Evidence
  • Re-review defense expert deposition transcripts
  • Check AAJ Exchange; local TLAs, and other lawyers
  • Check own office’s databank
  • Use listserves to post requests for transcripts
  • Call attorney colleagues in state where expert resides
• Create a Jury Selection Profile
  • What key elements of your case will influence jurors
  • Consider jury consultants
  • Identify those jurors you do not want on jury
• Focus Group Your Case
  • Schedule early and more than one time if necessary
  • Refine themes, alternative theories
• Meet With Your Clients
  • Discuss current condition and other damage issues
  • Identify “trigger testimony”
  • Meet with family members and/or friends
  • Provide clients w/ copies of own and other relevant deposition transcripts, and discovery answers and responses

60 days to trial

• Continued Client Preparation
  • Make sure client fully expresses how she has been affected by the defendant’s negligence
  • Consider hiring jury consultant who can work with client on demeanor and presentation
  • One preparation session will not suffice
• Second Expert Reminder of trial date
  • Send out letter to each expert reminding of date
  • Schedule trial prep. for experts two weeks before trial
  • Have outline of anticipated direct exam and go over the important questions
  • Schedule hour prep. time night before trial testimony
  • Check with experts to see if have preference as to presentation of exhibits or suggestions for exhibits to assist during their testimony
• Motions in Limine
  • Isolate issues you believe defendants will seek to exploit at trial & prepare motions
  • Have legal research, motions and other necessary leg-work completed
  • Anticipate bad ruling w/ trial memorandum prepared to mark as a court exhibit at trial
• Subpoenas
  • Send letter to defense and ask whether willing to accept trial subpoenas for witnesses
  • If yes, send via certified mail; if not, get necessary paperwork and information ready
• Request for Admission of Facts
  • Did forget testimony during discovery?
  • To streamline some of your offers of proof at trial
• Jury Pool
  • Does jurisdiction provide a list of who will make up the prospective jury pool?
  • Call colleagues who have tried cases in jurisdiction and/or in front of judge for insight
  • Day-in-the-life video– update; ID portions to show
  • If yes, find out as much information as possible
  • If no, do homework on the demographics of the jurisdiction, number of plaintiffs’ verdicts, amounts, and other useful information
• Pretrial Conference Filings
  • What are requirements and deadlines
  • Prepare jury instructions, voir dire, verdict sheets and other pretrial filings
  • If have special issues not covered by the standard jury instructions, have the jury instructions drafted with supportive case law with copies of unreported or out-of-state cases ready for judge and opposing counsel
• Joint Medical Records & Expenses
  • Organize records and bills for joint medical record and medical expenses exhibits
  • Send letter to defense for interest in joint exhibit
  • If agree, send a copy of records in draft format
  • Place into final, bates stamped, and copies made q Send invoice to all counsel for their portion
• Time Off – Mental & physical rest before final push

30 days to trial

• Team Meetings – Held more frequently
• Logistics
  • Confirm experts’ flight and hotel arrangements
  • Confirm your reservations for car, hotel, and flights
  • Book sufficient rooms at the hotel at which staying
  • Confirm all contact information for your witnesses
• Subpoenas
  • Begin placing file into position to ship in boxes to base of operations
  • Determine who is in charge at base who will receive boxes and keep them safe and secure
  • Number and inventory all boxes prior to their leaving your office and have that information with you as you travel
• Continued Client and Witness Preparation
  • Continue meetings and preps w/ clients & witnesses
  • Discuss in detail risks inherent in every trial, what to expect at trial; of importance of actively listening
• Demonstrative Evidence
  • Finalize and fine tune all presentation materials
  • Make sure have back-ups (save to CD or flash drive, bring enough paper copies for judge, defense counsel, yourself, and possibly the jury)
• Office in a Box – Pack with all anticipated office supplies

RELATED INFORMATION:
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