Trial Preparation Checklist

Pull the operative complaint, answer, any amended pleadings, and the court's scheduling/pretrial order. Confirm the claims and defenses actually being tried — claims dismissed on summary judgment do not get tried. Note any deadlines for trial briefs, witness lists, exhibit lists, and motions in limine set by the court.

One page that articulates the story of the case: what happened, why our client should win, the two or three themes the jury will hear in opening and closing. Every witness, exhibit, and jury instruction should map back to this theory.

Build a proof chart: each element of each claim or defense in one column, the witness testimony and exhibits that prove it in the next. Gaps in the chart are gaps in the case — surface them now, not at the directed-verdict stage.

List every bad fact, adverse document, and credibility problem opposing counsel will exploit. For each, draft the response — concede early, contextualize, or impeach. The first time the partner hears about a bad fact should not be in opposing counsel's opening.

Common targets: prior bad acts under FRE 404(b), undisclosed expert opinions, settlement discussions under FRE 408, insurance under FRE 411, hearsay-laden documents, and Daubert challenges to opposing experts. Check the court's local rules and standing order — some judges require a meet-and-confer before filing.

Start from the circuit's pattern jury instructions (e.g., Ninth Circuit Manual of Model Civil Jury Instructions) and modify only where the law or facts require. Cite authority for every non-pattern instruction. Trial brief follows the judge's preferred format — check the standing order.

Lead trial counsel attends. Expect rulings on motions in limine, exhibit objections, and witness scheduling. Take detailed notes — the judge's evidentiary rulings here drive what you can show the jury.

Many cases settle in the two weeks before trial. Confirm with the client and opposing counsel where settlement discussions stand. If settling, stop the trial-prep spend; if not, the next sections are non-optional.

Serve trial subpoenas under FRCP 45 (or state equivalent) with witness fee and mileage check. Out-of-district witnesses need particular care — Rule 45 limits how far a non-party can be compelled to travel. Confirm availability with friendly witnesses and lock in dates.

One outline per witness, organized around the proof chart. Use open-ended questions, anchor each exhibit to a foundation witness, and avoid leading. The associate drafts; lead trial counsel edits and rehearses.

Use leading questions only. Every assertion the witness will be asked to admit should be tied to a specific deposition page and line for impeachment. Tools like TextMap or TrialDirector can index transcripts by topic to speed this up.

Meet with each friendly witness in person if possible. Review their prior deposition testimony so they don't contradict themselves. Practice cross — have an associate play opposing counsel. Remind witnesses about courtroom dress, demeanor, and the no-discussion-of-testimony rule.

Verify expert reports, CVs, and prior testimony lists were timely served under FRCP 26(a)(2). Undisclosed opinions get excluded under Rule 37(c)(1) — and excluded experts often gut the case. Coordinate the expert's travel and trial date.

Use the court's required exhibit numbering convention (plaintiff numeric, defendant alphabetic is common but varies). Cross-reference each exhibit to the witness who lays foundation. Most judges require an exchanged exhibit list 14-30 days before trial.

Most pretrial orders require parties to meet and confer on exhibit objections before the pretrial conference. Stipulate to authenticity and foundation where you can — preserve real objections (hearsay, FRE 403, completeness) for the judge.

Timelines, charts, and call-outs go in front of the jury more often than the underlying documents. Load all exhibits into TrialDirector, OnCue, or Sanction with synced deposition video clips ready for impeachment. Test playback on the firm laptop with the courtroom adapter.

One for the witness stand, one for the judge, one for counsel table — plus the working set. Tabbed by exhibit number with the witness outlines, motion rulings, and key deposition excerpts in a separate binder. Paper still wins when the courtroom Wi-Fi drops.

Identify the demographic, attitudinal, and experiential factors that correlate with verdicts in this case type. Anchor strikes to specific case themes, not gut reactions — Batson challenges require race- and gender-neutral reasons for peremptories.

Confirm with the courtroom deputy whether voir dire is judge-conducted or attorney-conducted — this varies dramatically by judge. If attorney-conducted, draft open-ended questions that surface bias on the case's key themes. Submit any proposed supplemental questionnaire by the judge's deadline.

For high-stakes cases, run a focus group or mock jury through the opening and a witness or two. Feedback reshapes themes, identifies juror types to strike, and stress-tests the damages number. Skip for low-value matters where the budget doesn't support it.

Coordinate with the courtroom deputy for an off-hours walk-through. Test the ELMO, monitors, HDMI/VGA adapters, and the laptop running TrialDirector against the courtroom's actual system. Identify where counsel table, podium, witness stand, and jury box sit relative to the projection screen.

Standing orders cover the small things that trip up out-of-town counsel: when to approach the witness, sidebar protocol, whether to stand for objections, time limits per side, and how exhibits are admitted. The clerk's office posts these — read every page.

Deliver the opening to associates, paralegals, and ideally a non-lawyer. Time it. Cut anything argumentative — opening statement is a roadmap, not closing. Confirm every promise in the opening is backed by admissible evidence already cleared in limine.

Confirm arrival time, courthouse entrance, security wait, dress, and seating. Remind the client they will be on camera the entire trial — including during opposing counsel's examination. Send the trial-week schedule to all witnesses with on-call windows.