Blog Post Three

Trial Preparation Checklist: Steps, Procedures, and What to Expect in Court

A trial is the dramatic apex of the litigation process. This is where both sides put all their cards on the table and let the trier of fact decide. While a trial can be exciting, it also requires an enormous amount of hard work and preparation. This is why having a trial preparation checklist, strategy—and the right tools—is critical.

A trial preparation checklist can help you and your litigation team stay on track. Let’s explore what a sample checklist for the vigilant litigator might look like, along with other insights into trial readiness.

Trial preparation and procedure explained

Handling a trial goes far beyond the trial itself. In the weeks and months leading up to a trial, you will have to embark on the arduous journey of trial preparation. The good news is that effective preparation will make the trial itself more streamlined and increase your chances of success.

The first stage of trial preparation is devising your overall case strategy, including your theory of the case and theme for trial. Then you need to identify and gather the evidence you will need to win your case, which includes witnesses (both fact and expert), written materials, and physical evidence. Your witnesses will need preparation, you will need examination outlines for both friendly and hostile witnesses, and you should plan on your likely trial objections.

Another aspect of trial preparation is dealing with opposing counsel and the court prior to trial. Both you and opposing counsel may be making pre-trial motions, such as motions in limine or motions for bifurcation of trial, and attending hearings on those motions. For jury trials, you will need to submit proposed jury instructions and plan your juror selection strategy, and the judge will likely require trial briefs.

What happens during a trial?

During a trial, both sides present their case before a judge or jury, starting with opening statements that outline each party’s theory of the case. This is followed by the presentation of evidence, including witness testimony and exhibits, with opportunities for cross-examination. Legal arguments and objections occur throughout. After closing arguments, the judge or jury deliberates and delivers a verdict.

Step-by-step breakdown of the trial process in court

Jury selection (if applicable)

In the case of a jury trial, the trial process begins with jury selection. In addition to having your questions ready for the jurors, be prepared to object if opposing counsel does anything improper, such as arguing the case or misleading potential jurors. You will also need to keep track of your available peremptory challenges and object to their improper use by the other side, such as making challenges based on race or gender.

Opening statements

Your opening statement is your first opportunity to lay out your theory of the case for the trier of fact, whether that is a judge or jury. Be on guard for misbehavior by the other side in their opening statement. Stand ready to object if they veer into argument or false presentation of facts.

Presentation of evidence

Presentation of evidence is the real meat of trial, where both sides actually seek to prove their theories of the case. The parties will present fact witness testimony, and most cases will also require expert witnesses. The attorneys will also present written and physical evidence in the form of exhibits, often with visual aids such as charts or diagrams.

Voir dires

Voir dires can arise at multiple stages of trial as a way to assess the admissibility of evidence or the qualifications of a witness (especially experts). For example, you may request a voir dire to question an expert’s credentials before they testify in front of a jury, or to evaluate whether certain evidence should be admitted. Be prepared to handle these examinations on the fly, with questions and objections ready, and know the legal standards that apply. Advance preparation is key to using voir dires strategically and protecting the record for appeal. 

Closing arguments

Closing argument is your opportunity to make the strongest argument possible to win your case based on all the evidence presented at trial. Be sure to emphasize your theory of the case, but also address any potentially effective arguments by your opponent and counter them as needed. 

Jury deliberations or judge’s decision

Once closing arguments are done, the case generally comes down to awaiting the decision from the judge or jury. For a jury trial, make note of any requests or questions from the jurors during their deliberations. In addition to responding to those requests in a way that does not harm your case, you may need these as support for post-trial motions or appeal if the jury does not render a favorable verdict.

How long do most court trials take?

Most court trials will last no longer than a week or two, but complex cases can take several weeks or even many months.

Typical challenges faced during the trial process

The trial process involves many moving parts and gives rise to some common challenges:

* Missed deadlines. Missing a deadline for court filings or exhibits could not only harm your case, it could lead to malpractice exposure. Legal calendaring software can play a critical role here. 

* Poor witness preparation. Fact or expert witnesses who are poorly prepared and testify accordingly can sink your case.

* Disorganized case files. Not being prepared or organized can hamper your efficiency and lead to other mistakes, such as the ones outlined here. Civil litigation case management software helps streamline file organization and ensures critical information is accessible when you need it.

* Overlooked court-specific procedural rules. Many courts will have their own rules for trial procedures, requiring thorough research and precise calendaring.

* Poor internal communication. The legal team needs to stay on the same page, often requiring cloud-based software tools to do so.