Week 9 Lecture Flashcards
The (1) or (2) is the first communication with the court. In these you leave blanks for the court to fill in to set the (3). If there is no settlement, the second time to talk to the court is the (4).
- Motion to Set and Certificate of Readiness
- 16 (b)
- status conference
- telephonic conference setting the trial date
A trial week is (1) starting on (2) or (3). The other day is a (4) for other matters. Always ask for (5) when setting trial. For a few-days trial, you will usually wait (6)
- 4 days
- Monday
- Tuesday
- “black day” or “off day”
- extra days
- 6-9 months
(1) before the trial date is the 16(c) (2). Before these, each party files a (3) for use by the (4). The conference must be attended by the (5)
- 5 days
- joint pretrial conference
- joint pretrial statement
- judge
- attorney attending the trial
The joint pretrial statement becomes the most important document for the (1). It is a (2) between attorneys and includes the parties’ (3), (4), (5), (6) and (7).
- trial phase
- collaborative process (goes back and forth and is amended)
- positions
- contested facts
- uncontested facts
- witnesses
- exhibits
If a witness is not on the disclosure but is in the JPS, (1)! Exhibits are not (2)–if both sides need to use one, it is included (3) in the JPS.
- object
- cumulative
- once
Witness information on the JPS should include (4), how much time is needed to (5) and (6). Exhibit information should include (7) and (8) as well as (9), which may be waived otherwise. The order of exhibits is defined by the (10), not by when they are offered at trial.
- who
- direct examine
- cross-examine
- what
- who is offering
- objections
- JPS
6 things to do 3-6 months before trial
- trial date calendared
- review discovery deadlines
- check with attorney about additional depos
- begin the process of ensuring exhibit modifications
- complete trial notebook
- finalize logistics (travel, hotels, conference rooms)
5 things to do 4-6 weeks before trial
- review pleadings
- prepare exhibit and witness lists
- draft pretrial statement
- draft pretrial and trial motions
- visit courtroom
4 things to do 2-3 weeks before trial
- contact client and witnesses about trial logistics
- schedule meetings with witnesses
- prepare trial subpoenas
- prep trial notebooks for attys
4 things to do 1 week before trial
- verify service of subpoenas
- finalize travel logistsics
- confirm arrangements for trial transcripts
- assist with cite checking trial brief
A pretrial conference is the meeting between a presiding judge and attorneys to facilitate the (1) and (2) of trial
- preparation
2. management
4 things that happen at a pretrial conference
- narrow/simplify legal and factual issues of the case
- stipulation to exhibits
- argue motions in limine
- file joint pretrial statement before conference
3 features of motions in limine
- rely on rules of evidence
- concern exhibits and/or testimony
- No replies
10 documents included in trial notebooks
- pleadings, motions, discovery responses
- witnesses
- expert witnesses
- document indexes
- deposition summaries
- timeline
- legal research
- trial exhibits
- jury instructions
- voir dire
3 things that go into the preparation of witnesses
- subpoena
- interview
- exhibits