Use Forms to Outline Your Trial Neatly and Efficiently
This is yet another article about “administration” as being one of the five parts that make up every business in the world. You will remember that the first part is “clients” or “customers.” After you get a client, it is important that you handle that client’s legal matter in an efficient, economical and professional matter. If you don’t handle the client’s matter correctly, that client will never come back to you, and they will also probably tell everybody else they know not to use you either. On the other hand, a satisfied client is a “walking billboard” for your legal practice.
My next “tip” in the area of “administration” is the use of trial outline forms and three ring binders.
Over the years I have developed a trial outline that I extensively use in my practice to keep my cases organized and to be able to move easily from one case to the other and instantaneously bring myself up to speed on all the pertinent information regarding the case. I have found that this trial outline system allows me to appear to both my clients and to the lawyers on the other side of my cases that the case that I am dealing with at the time is like “the only piece of legal business I am handling.”
The trial outline I use is a living document, and has been added to and changed over the years with suggestions from other attorneys I have worked with and I have shared the outline with in various seminars I have taught. One of the most fun seminars I taught with regard to this trial outline is a seminar entitled “Trial by Outline.” Remember again, my favorite James Michener quote “when the space is ordered, you are free to live creatively.”
The following is a list of all of the forms that are in my trial outline. Each one of the forms is at least one 8 ½ x 11 piece of paper. I have tried to take out of the following list all of the white space that is there for filling in information that is needed, so you will need to use your imagination a little bit with regard to each one of the forms being at least one 8 ½ x 11 piece of paper.
There is simply not enough room in this newspaper to give you both the forms at this time and an explanation of each, and so I am going to give you the forms at this time, and next week I am going to explain the use of each one of the forms in my weekly article. Save this week’s article so that when I give you the explanation on each of these forms next week, you will have this week’s article in front of you and can refer to the form as I am explaining to you it’s use. Also, next week I am going to talk about the benefit of three ring binders that give you a synopsis on your cases, and allow you to very quickly determine where you are on various matters by having those binders stored in your office or with one of your staff members for easy and instant access.
TRIAL OUTLINE COVER PAGE
Case Name: ________________________________________________________
Case Number: ______________________________________________________
Assigned Attorney: _________________________________________________
Prepared By: _______________________________ ________________
FORM 1 - TABLE OF CONTENTS
Name of Case: ______________________________________________________________
Case Number: ______________________________________________________________
Prepared By: _____________________________ UPDATED:______________________
NAME OF FORM COMMENTS PRIOR. PERS. RESP. DUE
1. Table of Contents
2. Directory
FORM 2 - DIRECTORY
STYLE OF CASE: (Include Names and Addresses)
CLIENT:
Name:
Address:
Phone:
CO-COUNSEL:(If Applicable)
Attorney:
Address:
Phone:
Client:
COUNSEL FOR OTHER PARTIES:
Attorney:
Address:
Phone:
Client:
FORM 3 - THINGS TO DO
TASK PRIORITY RESP.PER. DUE
1.
2.
FORM 4 - CASE RE-CAP/SETTLEMENT
A. DATE OPENED:
B. FACTS:
C. DAMAGES:
D. THEORIES OF LIABILITY: DEFENSES:
E. INITIAL DEMAND OR OFFER:
FORM 5 - PRE-TRIAL MOTIONS
MOTION DATE FILED PARTY FILING RESPONSE TO MOTION
1.
2.
3.
FORM 6 - VOIR DIRE SEATING CHART
FORM 7 - VOIR DIRE EXAMINATION
MOVE TO EXCLUDE WITNESSES!!!
I. Introduction only (no questions)
A. Of self:
B. Of client:
C. Judge:
D. Reporter:
E. Clerk:
F. Bailiff:
FORM 8 - ORDER OF PROOF
I. PLAINTIFF’S WITNESS: EXPECTED
DEPO/RESP. DATE/DAY/TIME
NAME/OCCUPATION LIVE PER. TESTIMONY STATUS
1. ______________________ _______ _________ ____/____/____ ________
______________________
2. ______________________ _______ _________ ____/____/____ ________
______________________
II. DEFENDANT’S WITNESS:
1. ______________________ _______ _________ ____/____/____ ________
______________________
2. ______________________ _______ _________ ____/____/____ ________
______________________
FORM 9 - THE JURY - NOTES
Date of Trial: Today’s date:
Day Number:
6. 12.
___________________________________________________________________
5. 11.
___________________________________________________________________
4. 10.
___________________________________________________________________
3. 9.
___________________________________________________________________
2. 8.
___________________________________________________________________
1. 7.
___________________________________________________________________
(Note: Need separate Form 9 for each day of trial.)
FORM 10 - CHALLENGES - CAUSE AND PEREMPTORY
PLAINTIFF
1.
2.
DEFENDANT
1.
2.
FORM 11 - OPENING STATEMENT
I. FACTS - OUTLINE FORM
II. DAMAGES - OUTLINE FORM
III. LIABILITY - OUTLINE FORM
IV. OUTLINE OF OPENING
FORM 12 - NOTES ON OPPONENT’S OPENING STATEMENT
Date of Trial: __________________
Opposing Party: ______________________________
STATEMENT MADE NOTES
FORM 13 - PLEADINGS INDEX
NAME OF CASE:
NO. DATE FILED BY DESCRIPTION
1.
2.
FORM 14 - OUTLINE OF PLEADINGS
NAME OF CASE:
A. General
1) Complaint/Petition
2) Answer
3) Affirmative Defenses
FORM 15 - PRE-TRIAL ORDERS
Name of Case:
Outline:
FORM 16 - CHRONOLOGY
Date Happening/Event Witness Exhibit
FORM 17 - WITNESS IDENTIFICATION
(Name, P/D, occupation, depo/statement, relationship, projected testimony)
1.
2.
FORM 18 - EXHIBITS
Name of Case:
Exhibits of:
OFFERED ACCEPTED NO. DATE NATURE OF EXHIBIT
__________ __________ ____ _____ _____________________
FORM 18A - EXHIBITS
OFFERED ACCEPTED NO. NATURE OF EXHIBIT
______________ _____________ ____ ______________________
FORM 18-B - EXHIBIT LIST (ALTERNATIVE)
PLF DEF Date
NO. NO. Offered Marked Admitted Description
FORM 19 - TRIAL MOTIONS
NAME OF CASE:
NATURE OF MOTION BY GROUNDS OPPOSITION RULING
FORM 20 - REBUTTAL TESTIMONY
NAME OF CASE:
WITNESS WHO WILL TESTIFY POINTS TO BE COVERED
FORM 21 - INSTRUCTIONS
PROPOSED:
1. 2.01 - Explanatory
2. 2.03 - Order of Instructions
3. Etc.
GIVEN:
REFUSED:
FORM 22 - OBJECTIONS TO INSTRUCTIONS
PLAINTIFF’S OBJECTIONS TO INSTRUCTIONS:
A. Objections due to Failure to Give Plaintiff’s Proposed Instructions
No. ______ No. _______ No. _______ No. _______ No. ______
No. ______ No. _______ No. _______ No. _______ No. ______
No. ______ No. _______ No. _______ No. _______ No. ______
DEFENDANT’S OBJECTIONS TO INSTRUCTIONS:
A. Objections due to Failure to Give Defendant’s Proposed Instructions
No. ______ No. _______ No. _______ No. _______ No. ______
No. ______ No. _______ No. _______ No. _______ No. ______
No. ______ No. _______ No. _______ No. _______ No. ______
FORM 23 - IDEAS FOR FINAL ARGUMENT
1.
2.
FORM 24 - JURY DELIBERATION
FOREMAN POLL OF JURY REQUESTED ( ) YES ( ) NO
TIME OUT TIME IN: VERDICT
REMARKS
FORM 25 - LEGAL MEMORANDA,
CITATIONS OF DECISIONS AND OTHER LAW
CASE: HOLDING:
FORM 26 - NOTES OF WITNESSES
Witness No.: Prepared by:
NAME HOME PHONE
ADDRESS
EMPLOYER OFFICE PHONE
SUBPOENAED? ( ) YES ( ) NO DATE SERVED
DATE TO APPEAR TIME TO APPEAR
HAVE WRITTEN STATEMENT? ( ) YES ( ) NO SIGNED? ( ) YES ( ) NO
HAVE DEPOSITION? ( ) YES ( ) NO
TYPE OF WITNESS: ( ) EYEWITNESS ( ) EXPERT ( ) MEDICAL ( ) POLICE
( ) AT SCENE ( ) BEFORE OR AFTER
( ) OTHER
NOTES ON ACTUAL TRIAL TESTIMONY:
Remember to keep this article with you, and have it handy when you read next week’s article because I will be giving a detailed explanation on the use of trial outlines, the use of these specific forms and the benefits of having an organizational system that utilizes a trial outline format and three ring binders.
Talk with you next week!
Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.