Use Forms to Outline Your Trial Neatly and Efficiently Part II

As promised last week, this week’s column is a detailed explanation with regard to the use of trial outlines. The use of trial outlines is another tool to handle the “administration” of litigation matters in my practice. “Administration” is one of the five parts that make up every business in the world. The first part is “clients” and the second part is “administration.”

In my last column, I requested you keep a copy of last week’s article handy while reading this article so you can look at each particular form, as I explain how I utilize each one. As the trial outline is quite extensive, designed to organize each phase of a trial, you will again be urged to retain last week’s list of forms for one more week because I have only discussed approximately half of the trial outline below.

Tip of the Week

This week’s “tip” is the use of a series of forms to organize the material in your litigation files in such a way that makes it very easy to find what you need, when you need it, in order to handle the file efficiently and effectively. The trial outline forms also allow you or anyone in your office to get right back up to speed on the status of the case if some time has lapsed since reviewing it.

You probably need to know one more thing before we launch into the explanation of each of these forms, and that is I usually do not begin using the trial outline format until the case has progressed far enough where the information that is contained in it is justified because the case is not going to be resolved in the very early stages of handling the case.

When we open a trial outline on a case, we always put it in a three-ring binder and label the binder with regard to the client, the matter, and the defendants involved. The document becomes a living document with every document dated as to the time it was last updated, so that we can keep track of what is the latest and most current form to which information has been added.

Let’s just dive right in and take the first 13 of the 26 forms in the trial outline individually. Remember each particular form is at least an 8 ½ x 11 inch of paper that can be three-hole punched and put into the binder described in the previous paragraph.

TRIAL OUTLINE COVER PAGE: The “Case Name,” assigned on the cover page should begin with your client’s last name as the first part of the case name, then the first name of your client along with a verses (v.) right after your client’s entire name if it’s a plaintiff’s matter, or a semicolon right after your client’s name if it’s a defendant’s matter. The other party’s name is listed after the verses or semicolon with the verses following if you represent the defendant, to show whom the other party is in the case. The “Case Number” is the actual case number assigned by the court if the case has been filed. The “Assigned Attorney” is the person who is going to be taking the lead on preparing the trial outline. The “Prepared By” is for the name of the paralegal, associate, or partner who is responsible for ongoing preparation of the trial outline.

FORM 1 - TABLE OF CONTENTS: You repeat the “Case Name,” “Case Number,” and the “Prepared By” on this form as they are listed on the cover page and then show the date this particular form was last updated. The TABLE OF CONTENTS is self-explanatory and has the name of every form found in the trial outline listed on it. The “Comments” heading is for exactly the information you would expect, and usually contains information regarding the status of the work on a particular form listed in the table of contents. “PRIOR” stands for priority, a concept used throughout the trial outline. Priority designations always contain two-numbers. A one-one takes priority over a one-two. A two-one comes after anything that starts with a one. I think you can see how this system allows you to clearly indicate what is a priority to anyone in your firm who works to complete the trial outline. The “PERS. RESP.” stands for the person responsible for completing that particular form and in our office that person’s three initials are used under this category. “DUE” simply indicates the date the assigned task is due and usually includes the month, day, and year.

FORM 2 - DIRECTORY: This form again is self-explanatory and is completed with the name, address, and phone number of anyone and everyone who has anything to do with this case.

FORM 3 - THINGS TO DO: Again, now that you understand what priority means and how to use it and what responsible person means and how to assign it along with a due date, it is apparent how this form can be utilized. Anytime any task of any kind is thought of with regard to the matter in this trial outline, that task is written in a numbered category, assigned a priority, assigned a responsible person, and a due date.

FORM 4 - CASE RE-CAP/SETTLEMENT: The “DATE OPENED” heading includes the date the file was opened in your office. The “FACTS” heading contains just that — facts. This is a short statement of the essential facts of the case so you can always remind yourself exactly what the case is about. “DAMAGES” is a synopsis of all the damages of any kind in the case regardless of which party you represent in the trial. The “THEORIES OF LIABILITY” heading includes all of the causes of action for recovery that are available. The “DEFENSES” heading lists each and every defense that may be brought forth in the case. These blanks are always filled out regardless of whether or not you are the plaintiff or the defendant. “INITIAL DEMAND OR OFFER” is a running chronological list of all demands and offers in the case, and includes the date they were made, the amount in question, the authority from the client, and any other matter that one may need to note with regard to the demands and offers.

FORM 5 - PRE-TRIAL MOTIONS: All motions of any kind filed prior to trial are listed on this form with the date filed, the party filing the motion and any response thereto.

FORM 6 - VOIR DIRE SEATING CHART: This form differs with every courthouse in every county in every state across the country. Most courts will have a voir dire seating chart, and if not, you need to get one when the case gets close to actually going to trial.

FORM 7 - VOIR DIRE EXAMINATION: This form is very extensive and has a very detailed list of all kinds of questions that can be asked in the voir dire examination. In two weeks I will print every category found on FORM 7 - VOIR DIRE EXAMINATION so we can talk about this form in great detail. For now, suffice it to say, any and all information you think should go in the voir dire examination, should go into this form.

FORM 8 - ORDER OF PROOF: When this form is first filled out, I literally list every single possible witness I think might be called by either the plaintiff or the defendant in a lawsuit. It is only once I get closer to trial that I decide whether or not I am going to use any particular listed witness live or by deposition, and then I fill out the expected date and time for their testimony on FORM 8.

FORM 9 - THE JURY - NOTES: Form 9 is a form to be useed to note any observations you make about the actual jurors in your case on a day-to-day basis for each and every day of your trial. You should try to keep track of the information you pick up regarding the jurors on an ongoing and constant basis during your trial. Are the jurors paying attention? Are they nodding off? When do they shake their heads yes and no? What are they reading? Please be sure to keep track of anything else that may be helpful to you with regard to presenting your case.

FORM 10 - CHALLENGES - CAUSE AND PEREMPTORY: This form is self-explanatory with regard to the voir dire examination. You must keep track of this information for any post trial motions.

FORM 11 - OPENING STATEMENT: As I said to you in a previous article, I like to use chronologies as outlines for my opening statements in a lot of cases. You need some format in order to organize, and a chronology seems to lend itself very much to keeping your thoughts organized. You can also organize opening statements as to facts, damages, liability, and other matters, and it’s plain to see that each of these categories could become a full page of its own.

FORM 12 - NOTES ON OPPONENT’S OPENING STATEMENT: Again, you need to keep close track of what your opponent has said in their opening statement to be sure they do all the things at trial they say they are going to do in their opening. In addition, you can get great information with regard to your opponent’s themes for their case, and then you can tailor your presentation to defeating their themes.

FORM 13 - PLEADINGS INDEX: This form lists every single pleading that has been filed in the case chronologically by the date it was filed. This form also allows you to note whom the pleading was filed by along with a description of the pleading’s contents so you can always keep track of the dates when various items were filed with the court.

We have now completed a detailed explanation of trial outline forms 1 through 13 with regard to the trial outline. Next week I will continue to explain the use and importance of each of the remaining trial outline forms.

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.