Week 9 Lecture

Question 1

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).

Answer 1

1. Motion to Set and Certificate of Readiness
2. 16 (b)
3. status conference
4. telephonic conference setting the trial date

Question 2

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)

Answer 2

1. 4 days
2. Monday
3. Tuesday
4. “black day” or “off day”
5. extra days
6. 6-9 months

Question 3

(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)

Answer 3

1. 5 days
2. joint pretrial conference
3. joint pretrial statement
4. judge
5. attorney attending the trial

Question 4

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).

Answer 4

1. trial phase
2. collaborative process (goes back and forth and is amended)
3. positions
4. contested facts
5. uncontested facts
6. witnesses
7. exhibits

Question 5

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.

Answer 5

1. object
2. cumulative
3. once

Question 6

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.

Answer 6

4. who
5. direct examine
6. cross-examine
7. what
8. who is offering
9. objections
10. JPS

Question 7

6 things to do 3-6 months before trial

Answer 7

1. trial date calendared
2. review discovery deadlines
3. check with attorney about additional depos
4. begin the process of ensuring exhibit modifications
5. complete trial notebook
6. finalize logistics (travel, hotels, conference rooms)

Question 8

5 things to do 4-6 weeks before trial

Answer 8

1. review pleadings
2. prepare exhibit and witness lists
3. draft pretrial statement
4. draft pretrial and trial motions
5. visit courtroom

Question 9

4 things to do 2-3 weeks before trial

Answer 9

1. contact client and witnesses about trial logistics
2. schedule meetings with witnesses
3. prepare trial subpoenas
4. prep trial notebooks for attys

Question 10

4 things to do 1 week before trial

Answer 10

1. verify service of subpoenas
2. finalize travel logistsics
3. confirm arrangements for trial transcripts
4. assist with cite checking trial brief

Question 11

A pretrial conference is the meeting between a presiding judge and attorneys to facilitate the (1) and (2) of trial

Answer 11

1. preparation

2. management

Question 12

4 things that happen at a pretrial conference

Answer 12

1. narrow/simplify legal and factual issues of the case
2. stipulation to exhibits
3. argue motions in limine
4. file joint pretrial statement before conference

Question 13

3 features of motions in limine

Answer 13

1. rely on rules of evidence
2. concern exhibits and/or testimony
3. No replies

Question 14

10 documents included in trial notebooks

Answer 14

1. pleadings, motions, discovery responses
2. witnesses
3. expert witnesses
4. document indexes
5. deposition summaries
6. timeline
7. legal research
8. trial exhibits
9. jury instructions
10. voir dire

Question 15

3 things that go into the preparation of witnesses

Answer 15

1. subpoena
2. interview
3. exhibits

Question 16

The voir dire process involves the (1) versus the (2). It includes (3) and (4) challenges. Voir dire usually regards juries but can also be used for (5). Jurors are called in (6) from what remains after challenges.

Answer 16

1. judge
2. attorney
3. peremptory (limited number) (any reason other than discrimination)
4. cause (unlimited, but must be argued with judge)
5. witnesses
6. order

Question 17

10 parts of the jury trial

Answer 17

1. opening statement
2. plaintiff’s case in chief
3. Motions (JMOL for jury, involuntary dismissal for judge)
4. Defendant’s case in chief
5. rebuttal evidence
6. closing
7. rebuttal to closing
8. jury instructions
9. verdict
10. motions (new trial/mistrial/renewed motion for JMOL)

Question 18

Closing arguments usually only cover evidence that (1).

Answer 18

got in

Question 19

The direct exam asks (1). Leading questions are allowed ONLY for (2), and questions cannot be (3). This is because otherwise the questions (4) which makes (5) difficult. This is made difficult because (6).

Answer 19

1. who, what, where, when, why
2. laying foundation
3. vague
4. call for narrative
5. objection
6. objections are to questions, not answers! anything can come out in a narrative

Question 20

If an answer comes out to an objected question, you may have to (1)

Answer 20

1. move to strike

Question 21

When asking questions, move in (1) and for injuries, from (2).

Answer 21

1. chronology

2. head to toe

Question 22

The cross-exam should have (1) ONLY. This is a (2) containing all of the (3) that seek only a (4). It is NOT the opposite of an (5), and it is NOT asking questions to which we already know the answer, because (6).

Answer 22

1. leading questions
2. statement
3. evidence
4. yes
5. open question
6. it is not a question at all!

Question 23

A (1) to a leading question completes the cycle and makes it (2). A “no” is a (3).

Answer 23

1. yes
2. evidence
3. chance to impeach

Question 24

In cross and direct exam, do NOT mention the (1) up front–use it only for (2), UNLESS (3).

Answer 24

1. deposition
2. contradiction
3. the deposition itself is contradictory

Question 25

A motion in limine precludes evidence (1), which keeps (2) from having to happen at trial, reducing (3). It can also SOMETIMES be used to (4) evidence. This is not the same thing as a (5), which ends the prosecution's case/

Answer 25

1. prior to trial 2. objections 3. prejudice 4. bring in 5. motion to suppress

Question 26

Motions in limine include the (1) and (2) and are usually argued at the (3). It is important to notify (4) that speaking against a motion in limine can result in sanctions, mistrials, etc.

Answer 26

1. motion 2. response 3. pretrial conference 4. expert witnesses

Question 27

The defendant, after plaintiff's case in chief, ALWAYS (1), citing that the plaintiff (2). Redundancy in trial is because the sides are making sure the (3) sees they are (4).

Answer 27

1. directed verdict 2. failed to meet the burden of proof 3. judge 4. meeting requirements (which is used to assess DV)

Question 28

Physical exhibits can come in through (1) or (2)--that's it!

Answer 28

1. direct exam | 2. cross exam

Question 29

7 steps to admitting evidence

Answer 29

1. "May I approach the witness?" 2. Give exhibit to witness 3. walk back to podium 4. Ask witness to identify exhibit 5. ask followup questions 6. Ask judge to admit and whether other side objects 7. PUBLISH - show the jury

Question 30

If evidence is already admitted, the steps of admission are not necessary -- just show (1). Once evidence is in, (2) it!

Answer 30

1. foundation | 2. explain

Question 31

The closing arguments discuss (1) and (2) and sum up what was (3). They may also discuss (4) and other costs.

Answer 31

1. burden 2. law (jury instructions) 3. heard 4. blackboard (addable)