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Summary Contents
Foreword
Why You Should Use a Trial Notebook
How to Use This Book
1.
The Plan
2.
Summary
3.
Pretrial Orders
4.
Our Witnesses
5.
Their Witnesses
6.
Third Party Witnesses
7.
Our Experts
8.
Their Experts
9.
Exhibit List
10.
Finder
11.
Deposition Summaries
12.
Deposition Arrangements
13.
Damages List
14.
Pleadings
15.
Admissions
16.
Law; Trial Memo
17.
Motions in Limine
18.
Motions; Orders
19.
Voir Dire; Juror List
20.
Opening; Summation
21.
Jury Instructions
22.
Settlement
23.
Insurance
Blank Tab
30.
Planning and Delegation
31.
Litigation Tips and Tactics
40.
Discovery Depositions
45.
ESI: Tactics and Discovery
46.
Bodily Injuries: Tactics and Discovery
47.
Bodily Injuries: Deposition Checklists
51.
Testimony
52.
Exhibits and Evidence
57.
Attorney Fee Awards
60.
Motor Vehicle Accident Cases
61.
Premises Liability Cases
62.
Liquor Liability Involvement
Bucklin Trial Notebook
1.
The Plan
2.
Summary
3.
Pretrial Orders
4.
Our Witnesses
5.
Their Witnesses
6.
Third Party Witnesses
7.
Our Experts
8.
Their Experts
9.
Exhibit List
10.
Finder
11.
Deposition Summaries
12.
Deposition Arrangements
13.
Damages List
14.
Pleadings
15.
Admissions
16.
Law; Trial Memo
17.
Motions in Limine
18.
Motions; Orders
19.
Voir Dire; Juror List
20.
Opening; Summation
21.
Jury Instructions
22.
Settlement
23.
Insurance
Blank Tab
Detailed Contents
Foreword
Why You Should Use a Trial Notebook
How It Works
Alternate Methods Work Poorly
When to Begin
How to Use This Book
Your Trial Notebook as Primary File
In a Hurry?
Additional Notebooks
Additional Forms
Additional Tab Dividers
Storage
1. The Plan
§1.1
Litigation Checklist
§1.2
Task-Specific Deadlines
§1.3
Additional Tasks
§1.4
Adding Conference Agreed Items to the Checklist
§1.5
Your Duties in E-Discovery: The Checklist Items
§1.6
Instructions to Staff
§1.7
Form: Litigation Checklist
§1.8
Form: Attorney’s Notes of Additional Tasks
§1.9
Form: Assistant’s Notes of Additional Tasks
2. Summary
§2.1
One Sheet Only
§2.2
Additional Materials
§2.3
Instructions to Staff
§2.4
Form: One-Sheet Case Summary
3. Pretrial Orders
§3.1
Instructions to Staff
§3.2
Form: Worksheet for Pretrial Order Dates
§3.3
Form: Pretrial Order Regarding
Daubert-Style Challenges
4. Our Witnesses
§4.1
Witnesses: Ours, Theirs, and Third Party
§4.2
Why We Divide Witnesses This Way
§4.3
Our Witnesses
§4.4
Their Witnesses
§4.5
Third Party Witnesses
§4.6
The Witness Summary
§4.7
Instructions to Staff
§4.8
Form: Witness Summary
§4.9
Form: What Other Possible Witnesses Are There?
§4.10 Instructions
Regarding Witness Expense Form
§4.11 Form: Witness
Expense Form
5. Their Witnesses
§5.1
Instructions to Staff
§5.2
Checklist: Six Standard Items in Cross-Examination
§5.3
Checklist: Standard Questions to Use Against Adverse Witness
§5.4
Times and Words for a Non-Cross-Examination
§5.5
Checklist: When the Witness Says “I Don’t Remember”
§5.6
Form: Witness Summary
6. Third Party Witnesses
§6.1
Instructions to Staff
§6.2
Checklist: Six Standard Items in Cross-Examination
§6.3
Form: Witness Summary
7. Our Experts
§7.1
Expert Witnesses
§7.2
Federal Rule 26 Requirements
§7.3
Important Points
§7.4
Avoiding Payment Problems
§7.5
Content of the Expert’s Report
§7.6
Form: Request by Hiring Attorney to Expert Regarding Report
§7.7
Instructions to Staff
§7.8
Form: Witness Summary
§7.9
Checklist: Admissibility of Expert Opinion
8. Their Experts
§8.1
Instructions to Staff
§8.2
Checklist: Ten Standard Items to Consider in Cross-Exam of Experts
§8.3
Form: Witness Summary
§8.4
Request the Production of the Documents of the Adverse Expert Before You
Depose the Expert
§8.5
Form: Request for Production of Documents of Adverse Expert
§8.6
Tell the Adverse Expert to Bring the File to the Deposition
§8.7
Form: Subpoena Duces Tecum List of Items Adverse Expert Is to Bring to
Deposition
9. Exhibit List
§9.1
Avoiding Omissions
§9.2
Tip: Use Exhibits in Openings
§9.3
Special Exhibit List for Medical Records
§9.4
Instructions to Staff
§9.5
Form: General Exhibit List
§9.6
Form: Medical Records and Bills Exhibit List
10.
Finder
§10.1 Instructions
to Staff
§10.2 Form: Client,
Insurer, and Co-Attorney Finder
§10.3 Form: Adverse
Party and Attorney Finder
§10.4 Form: List of
Witnesses and Persons Having Relevant Knowledge
11.
Deposition Summaries
§11.1 Rules and
Example
§11.2 Why Here?
§11.3 Instructions
to Staff
12.
Deposition Arrangements
§12.1 How It Works
§12.2 Instructions
to Staff
§12.3 Stipulations
at Depositions With Exhibits
§12.4 The Clincher
§12.5 Best Item to
End Deposition With
§12.6 Form:
Deposition Availability Coordination
§12.7 Form:
Instructions to Person Videotaping Deposition
§12.8 Top Ten Ways
to Save on Deposition Expense (and Still Gain Advantages to Your Side)
§12.9 The Rules Do
Let You Add Video to a DWQ
§12.10
Form: Notice of Taking Written Deposition [With Documents] [With
Video]
§12.11
Form: Plaintiff’s Cross-Questions to Medical Custodian
§12.12
Form: Notice of Taking Audio-Visual Deposition Without Written
Transcript
§12.13
Video Synchronization
§12.14
[Reserved]
§12.15 Tips & Tactics:
Compelling Nonparty to Produce Documents
§12.16 Subpoena for an
Out-of-State Witness to the Deposition
§12.17 Objecting to the
Taking of a Deposition
§12.18 Form: Objections to
Taking Deposition and Motion for Protective Order
§12.19 Need for a Valid
Subpoena to a Deposition Witness
§12:20
What Is Valid Service of a Subpoena?
§12:21
How to Use a "Receipt" Instead of Personal Service
§12:22
Form: Receipt for Subpoena
13.
Damages List
§13.1 Tip and Form:
Medical Bills
§13.2 Form:
Plaintiff’s Request for Admissions Re Medical Expenses
§13.3 Instructions
to Staff
§13.4 Personal
Injury Special Damages List
14.
Pleadings
§14.1 Instructions
to Staff
15.
Admissions
§15.1 Request for
Admissions
§15.2 Instructions
to Staff
16.
Law; Trial Memo
§16.1 Trial Memo
§16.2 Instructions
to Staff
§16.3 Form:
Objections Checklist, a Quick Reference List for Your Trial Notebook
§16.4 Form:
Exhibits Foundations Checklist, a Quick Reference List for Your Trial
Notebook
17.
Motions in Limine
§17.1 Form: Motion
in Limine Opening Section
§17.2 Form:
Plaintiff’s Motion in Limine
§17.3 Form:
Defendant’s Motion in Limine
§17.4 Instructions
to Staff
18.
Motions; Orders
§18.1 Instructions
to Staff
§18.2 Form:
Plaintiff’s Oral Dictation of Motion for Directed Verdict
§18.3 Form:
Defendant’s Oral Dictation of Motion for Directed Verdict
19.
Voir Dire; Juror List
§19.1 Using the
Voir Dire Form
§19.2 Summary of
the Case
§19.3 Instructions
to Staff
§19.4 Form: Voir
Dire Diagram
§19.5 Tips on Voir
Dire
§19.6 Your Goals in
Voir Dire
§19.7 Voir Dire
Questions Not to Ask
§19.8 Learning the
Judge’s Rules
§19.9 Jury
Questionnaires
§19.10
Form: Basic Jury Questionnaire
§19.11
Form: Jury Questionnaire, Bodily Injury Cases
§19.12
Form: Jury Questionnaire, Breach of Contract Cases
§19.13
Form: Jury Questionnaire, Product Liability Cases
§19.14
Tips on Handling Your Voir Dire Time and Questions
§19.15
Challenges for Cause
§19.16
Form: Sample Challenge Questions
§19.17
Peremptory Challenges
20.
Opening; Summation
§20.1 Instructions
to Staff
21.
Jury Instructions
§21.1 Instructions
to Staff
22.
Settlement
§22.1 Warning:
Disbursing Settlement Proceeds
§22.2 Three
Settlement Forms
§22.3 Advising the
Client to Settle
§22.4 Form:
Settlement Offers Record
§22.5 Form:
Negotiation Preparation Worksheet
§22.6 Form:
Settlement Conference Computations
§22.7 Plaintiff
Attorney’s Closing Letter on Successful Settlement
§22.8 Form:
Plaintiff Attorney’s Closing Letter on Successful Settlement
23.
Insurance
§23.1 Obtain the
Policy
§23.2 Subrogation
§23.3 Instructions
to Staff
§23.4 Form:
Insurance Coverage, Handling, and Subrogation Liens
[Chapters
24-29 are reserved for future use]
Blank Tab
30.
Planning and Delegation
§30.1 Minimize Your
Time, But Maximize Your Impact (and Your Income)
§30.2 Move First;
Keep the Other Side Reacting
§30.3 Plaintiff’s
Example — Do Not Tolerate Nonresponsive Answers
§30.4 Form: Request
for Admission to Defendant
§30.5 Defendant’s
Example — Use Interrogatories or Requests Aggressively
§30.6 Form: Request
for Damages Disclosure
§30.7 Lean Project
Management Applies to Litigation Management
§30.8 Put Your
Cases in Priority Order
§30.9 A Method for
Prioritizing Cases
§30.10
Form: Prioritizing Cases in Your Office
§30.11
A Three-Step Initial Case Analysis
§30.12
Defense Attorney Time Guidelines When Defending an Insured
§30.13
Form: Defense Attorney Time Guideline
§30.14
Delegate a Planned Flow of Information to the Client
§30.15
Why You Might Not Be Delegating Enough
§30.16
The Basics of Delegation
§30.17
Using Legal Assistants
§30.18
General Instruction to Legal Assistants: Make Yourself
Indispensable!
§30.19
“In Charge Stance” When You Delegate
§30.20
Form: Delegation Instructions
§30.21
Form: Common Tasks Instructions
§30.22
Do Not Delegate Giving ESI Instructions to Client
§30.23
“Best Practices” to Prevent Missing Deadlines
§30.24
Checklist of Actions to Take if You Miss the Deadline
§30.25
Delegating Legal Research and Drafting by Outsourcing
§30.26
Tips on Sources for Your Outsourcing
§30.27
The Ethics of Outsourcing Legal Research and Drafting
§30.28
Charging the Client for Outsourced Legal Research and Drafting
§30.29
Form: “Outsourcing Work” Clauses for Retainer Agreements
§30.30
Form: Checklist on the Ethics of Outsourcing Legal Work
§30.31
Form: Checklist for Terminating Representation
31.
Litigation Tips and Tactics
§31.1 The
Non-Engagement Letter: A Trouble-Avoidance Instrument
§31.2 Form:
Non-Engagement Letter
§31.3 Representing
the Corporation Plus Its Employee: The Guidelines
§31.4 Joint Counsel
Agreements Are Not Just for Defendants Anymore
§31.5 Provide an
Option to Stay in the Case
§31.6 Form: Joint
Counsel Agreement — Plaintiffs
§31.7 Form: Joint
Counsel Agreement — Defendants
§31.8 Joint Counsel
Agreements and Joint Working Agreements
§31.9 Joint Working
Agreements
§31.10
Joint Working Agreements Are Not Just for Litigation Anymore
§31.11
Form: Joint Working Agreement
§31.12
Get a Court Order Preserving Privilege
§31.13
Tips for Handling Reporters
§31.14
Form: Rules for the Individual Client in the Average Case
§31.15
Form: Attorney and Client Response to the Media
§31.16
The Ethics Rules on Dealing With the Media
§31.17
Protective Orders
§31.18
Dealing With Rambo: Plan From the Start How to Deal With
Difficult Counsel
§31.19
Social Media Tools and Witnesses
§31.20
Form: Social Media Building Blocks for Your Deposition Questions
[Chapters
32-39 are reserved for future use]
40.
Discovery Depositions
§40.1 Time-Saving
Deposition Checklists: Building Blocks
§40.2 The Final
Building Block
§40.3 Deposition
Objections — Valid and Invalid
§40.4 "Now Answer
the Question!"
§40.5 Can You Talk
to Your Witness During the Deposition?
§40.6 Those "Usual
Preliminary Deposition Questions"
§40.7 Goals of the
Deposition
§40.8 Using
Electronic Transcripts of Depositions
§40.9 Take a
Deposition of the Organization (Not One Employee)
§40.10
Three Elements to Place in Every Notice of Taking the Deposition
of an Organization
§40.11
Form: Notice of Plaintiff's Deposition of Corporate Defendant
[Chapters
41-44 are reserved for future use]
45.
ESI: Tactics and Discovery
§45.1 Educate
Yourself About E-Discovery Before You Have a Problem
§45.2 The 2006
E-Discovery Amendments in a Nutshell
§45.3 The First ESI
Mistake to Avoid — and a Checklist to Avoid It
§45.4 The Who,
What, Where, When Questions to Ask Your Client
§45.5 The Second
ESI Mistake to Avoid: In One Word
§45.6 Five EDD
Cases You Should Know
§45.7 Twelve Basic
Terms You Need to Know in E-Discovery
§45.8 Metadata:
What Is in It for Me
§45.9 You Are
Responsible—And the Need for Protocols
§45.10
How Can Metadata Be Used as a Tool to Sort Out Only the Most
Likely Materials to Review?
§45.11
E-Mail: Paper, Image, or Original Format Production
§45.12
Requirement for Original
§45.13
The Lawyer’s Desktop and Reading ESI: The Problem of Conversion
§45.14
Five “Best Practices” in Receiving E-Discovery in Electronic
Format
§45.15
Five ESI Mantras
§45.16
The Top Four ESI Events You Need to Manage
§45.20
Form: Preservation Letter to Client
§45.21
Form: Preservation Letter to Adversary Attorney
§45.22
Form: Meet and Confer Report Regarding ESI
§45.23
Form: Privilege Nonwaiver Agreement — Clawback Agreement
§45.24
Checklist: Deposition of Information Technology Person Regarding
Electronically Stored Information; the “IT/ESI Depo”
§45.25
A Copy of ESI Probably Is Not an Accurate Copy
§45.26
Drive-Swapping to Preserve ESI
§45.27
Tips on Drafting Orders to Image or Examine ESI
§45.28
Checklist: Protocol for On-Site Computer Search and Inspection
§45.29
Form: Agreement, Order, or Directions for Forensic Imaging (Only)
of Computer or other ESI Storage Devices (Yours or Theirs)
§45.30
Form: Agreement or Order for Examination of Opponent’s Computers
and ESI Storage Devices
§45.31
Form: Impasse Clause
46.
Bodily Injuries: Tactics and Discovery
§46.1 Reading the
Medical Literature: Shortcut Medical Research
§46.2 Shortcut
Medical Research: The First Three Tools
§46.3 Shortcut Medical Research: The Fourth Tool
§46.4 Earnest
Medical Research: Medical Textbooks and Journal Articles
§46.5 Using Medical
Research in Evidence and at Trial
§46.6 Deciding
Upon, and Hiring, Medical Doctors to Testify
§46.7 Physiatrist
as Additional Medical Witness
§46.8
Considerations in Hiring Additional Doctors: The Four C's
§46.9 Always
Interview Potential Medical Experts; Take the Records to the Interview
§46.10
Deciding Upon a Medical Consultant
§46.11
Summarizing Medical Records
§46.12
Common Medical Abbreviations
§46.13
HIPAA Compliance: Medical Authorizations
§46.14
HIPAA Forms and Checklist: Serving Subpoena on Medical Provider
§46.15
The Seven Elements of a HIPAA-Compliant Release
§46.16
Plaintiff's HIPAA-Compliant Release
§46.17
Defendant's HIPAA-Compliant Release
§46.18
HIPAA Compliant Release Form—Authorized Person and Specific
Directions
§46.18.01
Some Records Must Be Separately Requested
§46.18.02
Release for Records Which Must Be Separately Requested
§46.18.03
Has the Patient Exercised the Option to Change the Records?
§46.19
The Client Can Help Build Your Trial Notebook
§46.20
Form: Checklist of Plaintiff's Bodily Injuries
§46.21
Developing Client Information Forms
§46.22
Plaintiff's Counsel Must Get IME Agreements in Writing
§46.23
Form: Stipulation for Physical Examination
§46.24
Form: Client Handout for Defense Medical Examination
§46.25
Get Plaintiff's Social Security and Income Tax Information
§46.26
Form: Request for Social Security Earnings Information
§46.27
Form: Request for Copy of Tax Return, Form 4506
§46.28
Form: Request for Transcript of Tax Return, Form 4506-T
§46.29
Instruct Bodily Injury Plaintiff Clients by Take-Home Forms
§46.30
Form: Take-Home Instructions to Bodily Injury Client
47.
Bodily Injury: Deposition Checklists
§47.1 Plaintiff or
Damages Lay Witness on Bodily Injury Damages: Using the Defendant's
Deposition Checklist
§47.2 Form:
Defendant's Deposition Checklist for Bodily Injury: Deposing the
Plaintiff, or an Injury Damages Lay Witness
§47.3 Form
Checklist: Personal Injury Plaintiff's Trial Testimony
§47.4 Plaintiff
Should Use Spouse and Friends for Injury Testimony
§47.5 Form
Checklist: Testimony of Personal Injury Plaintiff's Spouse
§47.6 Form:
Deposition or Trial Testimony: Parent in Wrongful Death Case
§47.7 Form: Written
Deposition, Medical Records Foundation
§47.8 Use of
Cross-Questions to Custodian, Regarding Reasonableness of Medical
Expense
§47.9 Form:
Plaintiff's Cross-Questions to Medical Custodian, or Reasonableness of
Medical Expense
§47.10
Plaintiffs Should Depose Their Own Doctor
§47.11
Plaintiff's Examination of Treating Doctor: Introduction to the
Questions Outline Form
§47.12
Form: Deposition or Trial Checklist — Plaintiff's Direct
Examination of Treating Doctor
§47.13
Form: Deposition Checklist — Defense Examination of Plaintiff's
Treating Doctor
§47.14
Items That You Want the Doctor Being Deposed to Bring to
Deposition
§47.15
Form: Notice to Doctor Being Deposed re: What to Bring to
Deposition
§47.16
Defendant's Examination of the Defendant's IME Doctor at Trial:
Introduction to the Questions Outline Form
§47.17
Form: Trial Checklist — Defense Direct Examination of Defense
Doctor
§47.18
Plaintiff's Cross-Examination of Defense Doctor's Testimony at
Trial: Tips on the Suggested Outline
§47.19
Form: Plaintiff’s Cross-Examination of Defense Doctor’s Testimony
§47.20
Plastic Surgeon as Additional Medical Witness
§47.21
The Basics You Need to Know About Scar Revision and Keloids
§47.22
Using the Form for Additional Direct Testimony: Plastic Surgeon
§47.23
Form: Additional Direct Testimony: Plastic Surgeon
§47.24
Plaintiff's Direct Examination of Treating Physical Therapist:
Tips on Use and on the Suggested Outline of Testimony
§47.25
Form Checklist: Deposition or Trial Checklist — Direct
Examination by Plaintiff of Plaintiff's Physical Therapist
[Chapters
48-50 are reserved for future use]
51.
Testimony
§51.1 The "Six-Step
Prep" of Your Own Witnesses
§51.2 Ethics of
Witness Preparation in a Nutshell
§51.3 Form:
Pointers for Witnesses
§51.4 Video
Depositions
§51.5 Form:
Pointers for your Video Deposition
§51.6 Past Criminal
Convictions of Your Witness
§51.7 Form: Request
for Notice of Intent to Use Conviction
§51.8 The Ethics of
Witness Preparation
§51.9 The Child
Witness
§51.10
The Forgetful Witness
§51.11
Refreshing Recollection of an Adverse Witness
§51.12
Formats for Cross-Examination When Witness Departs at Trial From
His/Her Deposition Testimony
52.
Exhibits and Evidence
§52.1 Customized
Quick-Reference Checklists for Your Trial Notebook
§52.2 Making
Objections at Trial
§52.3 Continuing
Objections
§52.4 Objections by
Multiple Parties on One Side
§52.5 Estoppel to
Objections: Curative Admissibility
§52.6 Some Evidence
Is Not Admissible Because of Estoppel
§52.10
Form: Objections Checklist, a Quick Reference List for Your Trial
Notebook
§52.11
Objecting to Answers; Motions to Strike
§52.12
The Theory of Exhibit Foundations
§52.13
Form: Exhibits Foundations Checklist, a Quick Reference List for
Your Trial Notebook
§52.14
Turning Non-Verbal and Indefinite Responses Into
Your Evidence
§52.15
Admissibility of Electronic Evidence
§52.16
Establishing Authenticity of ESI
§52.17
Getting ESI Past the Hearsay Objection
§52.18
ESI and the Original Writings Rule
§52.19
Web Pages as Evidence
[Chapters
53-56 are reserved for future use]
57.
Attorney Fee Awards
§57.1 Timekeeping
Required for a Reasonable Attorney Fee
§57.2 The Four
Elements Prevailing Parties Need in Their Time Records
§57.3 The Problem
With Large Billing Increments
§57.4 Other Factors
Than Time in a Reasonable Fee
§57.5 Paralegal
Time
§57.6 Interest
§57.7 Attorney
Expenses
§57.8 Special
Considerations on Settlement and Attorney Fees
§57.9 Traps in the
Procedure for a “Reasonable” Attorney Fee
§57.10
Documents to Support the Request for an Attorney’s Fee
§57.11
Checklist: Content of the Billing Attorney’s Affidavit or
Testimony
§57.12
Exemplar Format: Billing Attorney’s Affidavit
§57.13
Form: Motion to Grant Attorney Fees
§57.14
Form: Special Jury Question on Attorney Fees
§57.15
Form: Order by Court as Fact Finder on Attorney Fee
§57.16
Using Experts in Proving or Attacking Amount of Fee
§57.17
Presenting the Expert Witness on “Reasonable Attorney Fee”
§57.18
Form: Checklist for Direct Examination, Expert Witness on
“Reasonable Attorney Fee”
§57.19
Deposing the Adverse Fee Expert
§57.20
Form: Deposition Checklist, Adverse Fee Expert
[Chapters 58-59 are reserved for future use]
60.
Motor Vehicle Accident Case
§60.1 Specialized
Intake and Summary Form in MVA Cases
§60.2 Form: MVA,
One-Sheet Plus One Page, Summary
§60.3 Use Take-Home
Instructions to MVA Plaintiff Client
§60.4 Form:
Take-Home Instructions to MVA Plaintiff Client
§60.5 Form
Checklist: Deposing the Driver in an Auto Accident
§60.6 Request That
the Adverse Driver or MVA Witness Bring Items to Deposition
§60.7 Form: Notice
to Bring Items to Deposition — Motor Vehicle Accident
§60.8 Interviewing
and Deposing the Police Investigating Officer in a Motor Vehicle
Accident
§60.9 Form
Checklist: Deposition/Interview/Trial — MVA — Police Investigating
Officer
§60.10
Form Checklist: Deposition/Interview/Trial Direct Testimony — MVA
— Scene Witness Not in Involved Vehicles
§60.11
Using a Checklist to Establish (or Deny) Company Control of
Driver
§60.12
Form: Deposition Checklist - Truck Driver Under Control of
Defendant Company
§60.13
Deposing the Employer of the Driver of the Adverse Motor Vehicle
§60.14
Form: Notice of Plaintiff's Deposition of Company Controlling
Driver
§60.15
The Danger of Losing Potential Evidence in Truck Accident Cases
§60.16
Form: Initial Spoliation Letter in Truck Accident Case
§60.17
Taking Photographs of MVA Scene and Vehicles
§60.18
Form: Short Checklist — Photo Assignment — Motor Vehicle Accident
§60.19
Motor Vehicles — Black Box — EDR
§60.20
If the Car Has an EDR, What's in the EDR?
§60.21
Recoverability and Usability of EDR Data
§60.22
Truck Engines — Black Boxes Are More Than EDR
§60.23
Don't Be Accused of Malpractice or Spoilation of the EDR/ECM
§60.24
Low Impact Back Cases: Car Damage Evidence
61.
Premises Liability Cases
§61.1 The View of
the Premises
§61.2 Special
"First Steps" Considerations in Fire Cases
§61.3 A Paradigm
Checklist for the Complaint in a Premises Liability Case
§61.4 Plaintiff's
Fall-Down Allegations Checklist
§61.5 Tips on
Drafting Premises Interrogatories
§61.6 Combine
Interrogatories With Simultaneous Demands for Production of Physical
Items
§61.7
Interrogatories and Demands for Production to Premises Liability
Defendant
§61.8 Form:
Interrogatories and Demands for Production to Premises Liability
Defendant
§61.9 Form: Request
for Inspection of Premises
§61.10
A Power Request for Inspection of Premises—Add Production of
Items
§61.11
Form: Inspection of Premises Combined With Demand for Production
of Items on the Premises
§61.12
Plaintiff's Deposition of Premises Liability Defendant
§61.13
Form Checklist: Plaintiff's Deposition of Premises Liability
Defendant
§61.14
Defendant's Deposition of Slip & Fall Plaintiff
§61.15
Form Checklist: Defendant's Deposition of Slip & Fall Plaintiff
§61.16
Form: Notice of Plaintiff's Deposition of Corporate Premises
Liability Defendant
62.
Liquor Liability Involvement
§62.1 Special
Tactical Tips in Liquor Liability Litigation
§62.2 Deposition
Checklist — Liquor Liability: The Intoxicated Person
§62.3 Deposition
Checklist — Liquor Liability: The Non-Party Witness
§62.4 Form
Checklist: Deposition/Interview/Trial — Liquor Liability: The
Investigating Police Officer
§62.5 Requesting
Documents From the Dram Shop
§62.6 Form: Request
for Production of Documents to Dram Shop
§62.7 Form:
Deposition Checklist — Liquor Liability: The Dram Shop Owner or Employee
Table of Statutes
Index
Bucklin Trial Notebook
1. The Plan
§1.6
Instructions to Staff
§1.7
Form: Litigation Checklist
§1.8
Form: Attorney’s Notes of Additional Tasks
§1.9
Form: Assistant’s Notes of Additional Tasks
2. Summary
§2.3
Instructions to Staff
§2.4
Form: One-Sheet Case Summary
3. Pretrial Orders
§3.1
Instructions to Staff
§3.2
Form: Worksheet for Pretrial Order Dates
§3.3
Form: Pretrial Order Regarding
Daubert-Style Challenges
4. Our Witnesses
§4.7
Instructions to Staff
§4.8
Form: Witness Summary
§4.9
Form: What Other Possible Witnesses Are There?
§4.10 Form:
Pointers for Witnesses
§4.11 Form: Witness
Expense Report
5. Their Witnesses
§5.1
Instructions to Staff
§5.2
Checklist: Six Standard Items in Cross-Examination
§5.3
Checklist: Standard Questions to Use Against Adverse Witness
§5.5
Checklist: When the Witness Says “I Don’t Remember”
§5.6
Form: Witness Summary
6. Third Party Witnesses
§6.1
Instructions to Staff
§6.2
Checklist: Six Standard Items in Cross-Examination
§6.3
Form: Witness Summary
7. Our Experts
§7.7
Instructions to Staff
§7.8
Form: Witness Summary
§7.9
Checklist: Admissibility of Expert Opinion
8. Their Experts
§8.1
Instructions to Staff
§8.2
Checklist: Ten Standard Items to Consider in Cross-Exam of Experts
§8.3
Form: Witness Summary
9. Exhibit List
§9.4
Instructions re Lists of General Exhibits and Medical Records
§9.5
Form: General Exhibit List
§9.6
Form: Medical Records and Bills Exhibit List
10.
Finder
§10.1 Instructions
to Staff
§10.2 Form: Client,
Insurer, and Co-Attorney Finder
§10.3 Form: Adverse
Party and Attorney Finder
§10.4 Form: List of
Witnesses and Persons Having Relevant Knowledge
11.
Deposition Summaries
§11.3 Instructions
to Staff
12.
Deposition Arrangements
§12.2 Instructions
to Staff
§12.3 Stipulations
at Depositions With Exhibits
§12.4 The Clincher
§12.5 Best Item to
End Deposition With
§12.6 Form:
Deposition Availability Coordination
§12.7 Form:
Instructions to Person Videotaping Deposition
§12.22
Form: Receipt for Subpoena
13.
Damages List
§13.3 Instructions
to Staff
§13.4 Personal
Injury Special Damages List
14.
Pleadings
§14.1 Instructions
to Staff
15.
Admissions
§15.2 Instructions
to Staff
16.
Law; Trial Memo
§16.2 Instructions
to Staff
§16.3 Form:
Objections Checklist, a Quick Reference List for Your Trial Notebook
§16.4 Form:
Exhibits Foundations Checklist, a Quick Reference List for Your Trial
Notebook
17.
Motions in Limine
§17.4 Instructions
to Staff
18.
Motions; Orders
§18.1 Instructions
to Staff
19.
Voir Dire; Juror List
§19.3 Instructions
to Staff
§19.4 Form: Voir
Dire Diagram
20.
Opening; Summation
§20.1 Instructions
to Staff
21.
Jury Instructions
§21.1 Instructions
to Staff
22.
Settlement
§22.4 Form:
Settlement Offers Record
§22.5 Form:
Negotiation Preparation Worksheet
§22.6 Form:
Settlement Conference Computations
§22.8 Form:
Plaintiff Attorney’s Closing Letter on Successful Settlement
23.
Insurance
§23.3 Instructions
to Staff
§23.4 Form:
Insurance Coverage, Handling, and Subrogation Liens
Blank Tab
Updated 04/06/12
