- Pretrial and half time motions
- Voir dire, jury selection and opening statement
- Presenting the case
- Common evidentiary problems
- Technology and the courtroom setup
- Use technology to increase the persuasive power of your closings
- Ideas and strategies for effectively setting up and using your technology in virtually any courtroom
- Post-trial motions and preserving an appeal
9:00 a.m. - 9:45 a.m.
I. Pretrial And Half Time Motions
Motions shape the case. From initial motions to dismiss to 'half time' motions, your case can be won or lost before you know what happened. From motions that aren't covered in the rules to those that have their own discovery, we will explore through 'tricks of the trade,' the myriad of motions that can largely determine the outcome.
9:45 a.m. - 10:30 a.m.
II. Voir Dire, Jury Selection And Opening
A party's voir dire, jury selection and opening statement can make or break their case. At a minimum, the tone set during these first three steps in the trial process will persist throughout trial. This presentation is designed to discuss the objectives, review the basics and explore different approaches to these important first steps of trial. The discussion and materials will provide both nuts and bolts and theoretical information.
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:30 a.m.
III. Presenting The Case (Techniques,
Strategies And Themes)
This section will cover the themes of a case and how they are woven into your voir dire evidentiary presentation and closing. Also to be discussed are strategies and techniques of presenting visual evidence to the fact finder, as well as approached to examination and cross-examination of experts.
11:30 a.m. - 12:15 p.m.
IV. Common Evidentiary Problems
Trial lawyers must have a good understanding of the rules of evidence. Often, their responses must be made quickly without reference to the rules. This portion of the program will review those evidentiary issues that frequently come up during civil trials and which would not ordinarily be addressed in motions in limine. It is designed to help the practitioner to firm up his or her understanding of when and how to make stand up objections and how to respond.
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:00 p.m.
V. Technology And The Courtroom Setup
Courtrooms come in a variety of shapes, sizes and conditions, from vast to small from the historic to newly constructed. Regardless of the variety of venues, courtrooms have common elements that tend to be arranged in similar patterns (bench, jury box, witness stand, clerk and, or, bailiff's station, etc.). Despite the talk of courtrooms of the future, few courtrooms come equipped to facilitate the use of technology for the electronic presentation of opening statements, evidence and closing arguments. Indeed, courtrooms from old to new often pose real challenges to the use of technology for the electronic presentation of opening statements, evidence and closing arguments. Setting up your technology in the courtroom need not be difficult but does require some advance thought and planning. This session will provide you with ideas and strategies for effectively setting up and using your technology in virtually any courtroom.
2:00 p.m. - 2:45 p.m.
VI. Persuasive Closing Arguments
Closing arguments are your final opportunity to persuade the judge or jury of the rightness of your client's position. The judge or jury finds the facts and applies applicable law. Persuasion at this stage of trial can be accomplished by education. As an educator, you must help the decision maker determine which facts are the true facts, explain the applicable rules of law and what result follows from applying those rules to the facts. The effectiveness of education can be enhanced by use of visual aids. Visual aids developed and presented using a computer, projector and presentation software will increase the educational effectiveness of your closing argument. Using a computer, projector and presentation software to review facts, discuss the applicable law and to help the decision maker reach the correct result is easier than you may think. This session will review the fundamentals of effective argument and how to use technology to increase the persuasive power of your closings.
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VII. Jury Instructions
Trial attorneys often make the mistake of waiting until the eve of trial to begin considering jury instructions and special verdict forms. Early consideration of jury instructions and special verdict forms can help focus the discovery process. At trial, carefully prepared, non-stock instructions and verdict forms can help the judge see the case the way your client sees it, preserve issues for appeal, and guide the jury through its decision-making process in a way that will make it more likely they will decide the case in your client's favor. This session will help you use jury instructions and special verdict forms as effective tools of advocacy.
3:45 p.m. - 4:30 p.m.
VIII. Post-Trial Motions And Preserving An
Post-trial motions and appeal may provide the last opportunities to snatch victory from the jaws of defeat. In this section, you will learn about the various types of post-trial motions and the time limits and procedural issues pertaining to each. The section will also cover the mechanics and strategies for preserving objections for appeal.