Trial Checklist

Pull the operative scheduling order and any amended pretrial order. Note the judge's standing order requirements — exhibit binder copies, deadlines for motions in limine, jury instruction submission, and trial brief page limits all vary by chambers.

Re-read the complaint, answer, summary judgment briefing, and the court's rulings on dispositive motions. Map every cause of action and affirmative defense to the elements you must prove (or disprove) at trial.

Target inadmissible character evidence, prior bad acts, undisclosed experts, and Rule 403 prejudice issues. Check the local rules — many courts require motions in limine 14–21 days before trial, with responses 7 days out.

Serve the final witness list, exhibit list, and deposition designations on opposing counsel and file with the court per the pretrial order. Late-disclosed witnesses or exhibits are routinely excluded under Rule 37(c).

Use pattern instructions where available (e.g., Ninth Circuit Model, state bar pattern jury instructions) and cite authority for any modifications. Include a verdict form and any special interrogatories.

Build each direct around the elements the witness must establish. Tie every exhibit to a foundation witness; don't assume opposing counsel will stipulate to admission.

Walk each witness through their direct, anticipated cross, and prior deposition testimony. Flag impeachment exposure — every prior inconsistent statement opposing counsel will reach for. Confirm transportation and call times.

Pull deposition page-and-line cites for every impeachment point. Prepare clean impeachment exhibits with the relevant deposition page tabbed and ready to publish.

Prepare the judge's bench book, witness copies, opposing counsel's set, and the courtroom set. Confirm exhibit numbering matches the joint exhibit list and that any TrialDirector or OnCue load is in sync.

Visit the courtroom if local rules allow. Test ELMO/document camera, projector connections, audio for video deposition clips, and the trial-presentation laptop. Bring backup HDMI, VGA adapters, and printed exhibit copies in case tech fails.

Frame questions to surface bias on the case theory, not just demographics. Some judges conduct all voir dire themselves — check the standing order and prepare attorney follow-ups accordingly.

If the court provides juror questionnaires in advance, build a strike grid: prospective juror number, demographics, red flags, follow-up questions. Coordinate with the trial consultant if one is retained.

Track for-cause challenges separately from peremptories. Be prepared to articulate a race- and gender-neutral reason for every peremptory strike if a Batson challenge is raised.

State the theory in plain language and preview the evidence the jury will see. Avoid argument — courts routinely sustain objections to argumentative openings, and over-promising on evidence you may not get in is a closing-argument liability.

Lay foundation, move exhibits into evidence, and track admitted vs. marked-for-identification status on the running exhibit log. Renew offers of proof on the record for any excluded evidence to preserve the appellate issue.

Lead with closed questions. Impeach with deposition transcripts using the proper foundation: confirm the prior testimony, read the page and line, then move on. Don't ask the one question too many.

Move for judgment as a matter of law at the close of the opposing party's evidence and again at the close of all evidence. Failing to renew the Rule 50(a) motion forfeits the right to a Rule 50(b) post-verdict motion.

Make objections to instructions on the record before the jury is charged. An objection raised only after the charge is read is generally waived under Rule 51.

Walk the jury through each element of each claim or defense, tied to specific exhibits and testimony admitted. Reserve time for rebuttal if you carry the burden of proof.

Request a jury poll on the record. Note any inconsistent answers on a special verdict form — those issues need to be raised before the jury is discharged.

Renewed motion for judgment as a matter of law (Rule 50(b)) and motion for new trial (Rule 59) are both due 28 days after entry of judgment in federal court. The deadline is jurisdictional — no extensions under Rule 6(b).

Identify preserved issues, standard of review, and the realistic scope of relief on appeal. Notice of appeal is due 30 days after entry of judgment in federal civil cases (60 days when the United States is a party); calendar the deadline immediately.

File the notice of appeal with the district court (not the court of appeals) and pay the docketing fee. Order the trial transcript and designate the record on appeal under FRAP 10.

Cover what worked, what to do differently, and lessons for the firm's trial playbook. Capture jury-consultant feedback and witness performance notes while memories are fresh.