Trial Prep Checklist

This trial preparation checklist helps you perform the essential tasks for the trial readiness conference and trial call.

By Brad Nakase, Trial Attorney

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Preparing a trial preparation checklist is an important part of preparing for trial. A trial preparation checklist is a useful way to figure out what the most important details of the trial will be, and organize these vital aspects.

Attorneys should ensure that all groundwork and analysis have been completed at least 90 days before the trial. A trial preparation checklist will help them to be ready for even the most challenging trial.

This article will serve as a trial preparation checklist for attorneys to ensure they are sufficiently prepared for trial.

In this article, our Los Angeles civil litigation attorney discusses how to prepare for trial with a checklist as a follows:

1. What is the Purpose of a Trial Preparation Checklist?

2. What Should Attorneys Do 100 days Before Trial?

3. What Should Attorneys Do 90 Days Before Trial?

4. What Should Lawyers Do 75 days Before Trial:

5. What Should Attorneys Do 60 Days Before Trial?

6. What Should Attorneys Do 45 days before Trial?

7. What Should Lawyers Accomplish 30 days Before Trial:

8. What Should Attorneys Focus on in the Final Days Before Trial?

9. Seek Out Guidance

What is the Purpose of a Trial Preparation Checklist?

Trial preparation checklists help lawyers make sure that all the vital elements of the impending case are addressed, including evidence, damages, depositions, witnesses, charts, subpoenas, instructions for the jury, and more.

Attorneys should ensure that all items are properly scheduled, with the correct amount of time allotted for each element.

While it is prudent to start preparation 120 days before the Trial, one should begin their final trial planning at least 100 days before the commencement of the Trial.

What Should Attorneys Do 100 days Before Trial?

Finish All Discovery Tasks

Read over and annotate all case documents, depositions, interrogatories, and evidence.
Follow up on unresponsive discovery items and explore new methods to obtain information and new sources.
Make sure all requests for admissions have been finished, and also certify that the answers have not been changes.
If there is updated information, add it to the case files.

Designate And Finalize Witnesses

Research all possible areas of provided testimony
Interview qualified experts
Hire experts
Meet with clients
Determine what areas of testimony are necessary
Prepare to meet opposing viewpoints
Prepare for opposing witnesses
Research key trial issues and motions in limine to prevent trial issues, ban improper evidence, and ensure vital evidence is allowed
Complete the overall investigation of the case
Consider Motion for Summary Judgment
Consider Summary Adjudication
Go over technology needs for trial presentation; for example, do you need an iPad, laptop, or projector screen?

What Should Attorneys Do 90 Days Before Trial?

Identify trial witnesses
Secure trial witnesses
Plan and prepare the key evidence that the lawyer will present
Research and analyze evidence, decide on the use of charts and graphs
Ensure that witnesses will be able to testify at Trial. Give special consideration to government witnesses, elderly witnesses, and those not in the local area
If the attorney doubts that a witness will appear, take the witness’ deposition and consider taping their testimony

What Should Lawyers Do 75 days Before Trial:

At approximately 75 days before the Trial occurs, attorneys enter the Final Discovery phase. This phase includes these tasks:

Procure maps, illustrations, photos, charts, models, and other visual aids
Prepare for opportunities for settlement
Meet with clients early and discuss expectations, costs, and options. Present them with the advantages and disadvantages of certain strategies

What Should Attorneys Do 60 Days Before Trial?

Plan for pretrial conferences
Prepare Special Verdict Form, as needed
Write and serve specific notices asking witnesses to appear and asking for documents to be allowed at trial
Subpoena all witnesses
Prepare instructions for the jury

What Should Attorneys Do 45 days before Trial?

Get Trial notebook ready
Prepare for the presentation of witnesses
Summarize all depositions
Start creating examination summaries
Prepare key witness examination drafts and plan needed

What Should Lawyers Accomplish 30 days Before Trial:

Plan out all elements of proof for each claim, known as the ‘Chart of Proof’
Prepare for the pretrial conference
Meet with clients and help them get ready
Review the witness testimonies
Provide clients with their discovery responses and depositions so they can review
Prepare Requests for Judicial Notice
Ready the non-expert witnesses
Provide “On Call” letters to all witnesses
Ready the Trial Brief
Ensure that witnesses are up to date on trial information and times

What Should Attorneys Focus on in the Final Days Before Trial?

Write the opening statement and revise it as needed
Write the closing argument and revise it as needed
Get jury instructions ready
Prepare special verdict forms in advance
Prepare witness exams and decide what exhibit materials the witnesses will discuss
Anticipate complications, such as problems with evidence or witnesses

Seek Out Guidance

Whether it is your first trial or your 100th, all attorneys know that once a trial begins, nothing goes perfectly. When lawyers prepare for the unexpected, they set themselves up for success. The true test of a trial lawyer is how well they deal with adversity.

At Nakase Wade, we are here to assist you with your case. Call us for a free initial consultation, and our experienced California business lawyers and corporate attorneys will answer your questions.

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