Pre-Trial Checklist

Pull the latest complaint, answer, and any amended pleadings from the DMS, plus the most recent scheduling order. Note every remaining deadline — dispositive motion cutoff, expert disclosure, motions in limine, pre-trial conference, trial date — and confirm they match the docket. Scheduling-order amendments that didn't make it back into the file are a common gotcha.

The responsible attorney drafts a one-page theory: claims/defenses going to the jury, elements, the two or three facts the case turns on, and the verdict form you want. Everything downstream — exhibits, witness order, jury instructions — should ladder back to this page.

Run a response-by-response audit against the original requests. Flag boilerplate objections that were never resolved, supplementations that never came, and any custodian whose data didn't make it into production. Meet-and-confer letters or motions to compel need to issue now, not the week before trial.

Walk the privilege log entry-by-entry against the ESI protocol's required fields (date, author, recipients, privilege type, basis). Confirm a second attorney has signed off on close calls. FRE 502(d) clawback terms should already be in the protocol — verify before any inadvertent-disclosure issue arises at trial.

Confirm the dispositive-motion deadline in the scheduling order. Brief should include statement of undisputed facts, evidentiary citations to deposition transcripts and exhibits by Bates number, and a proposed order. Local rules on page limits and font are non-negotiable — judges deny for non-compliance.

Common targets: prior bad acts under FRE 404(b), settlement discussions under FRE 408, subsequent remedial measures under FRE 407, undisclosed expert opinions, and Daubert challenges. File one motion per evidentiary issue — judges hate omnibus MILs.

Retained-expert reports must include opinions, basis, exhibits relied on, qualifications, prior testimony for four years, and compensation. Non-retained treaters require the lighter (a)(2)(C) summary disclosure. Late or incomplete disclosures get experts struck under Rule 37(c)(1).

Send the expert their full report, reliance materials, and prior testimony before the prep session. Anticipate Daubert lines: methodology, error rate, peer review, fit to the facts. Defending counsel handles objections to scope and form.

Cross-reference every exhibit to its Bates range, sponsoring witness, and the elements of proof it supports. Pre-mark exhibits per the judge's standing order. Stipulate to authenticity wherever possible to avoid foundation fights at trial.

Each outline ties questions to exhibits, deposition impeachment cites (page/line), and the element it proves. Keep cross outlines short — three points per witness is plenty. The associate drafts; the trying attorney edits.

FRCP 45 (or state equivalent) trial subpoenas need proper service with witness fee and mileage tendered. Confirm the 100-mile rule for non-party trial appearances. Track service on a witness availability sheet.

Most courts require a joint pre-trial order with stipulated facts, contested issues, witness lists, exhibit lists, and deposition designations. Coordinate with opposing counsel early — last-minute disagreements over stipulations are the most common reason joint PTOs blow their deadline.

Start from the jurisdiction's pattern instructions and modify only where the pattern doesn't fit your theory. Cite authority for every non-pattern instruction. Mirror the verdict form to the elements you laid out in the case theory.

Litigation support specialist confirms the trial laptop, presentation software (TrialDirector, OnCue, or Sanction), Elmo/document camera, and HDMI/VGA adapters all work in the actual courtroom. Bring redundant copies of every video clip and demonstrative on a backup drive.

One witness binder per witness (outline + exhibits + impeachment), one master exhibit binder, one set of chambers copies for the judge, and one set for opposing counsel. Paralegal builds; second-chair verifies tabs against the exhibit list.