TRIAL PREPARATION CHECKLIST

45 Days Prior to Mediation (Mediation is usually scheduled 60 days prior to trial)

___ Check to make sure that all medical bills have been obtained and a spreadsheet compiled
to show the total amount of the bills.

____ Check for any subrogation liens from collateral sources, i.e., health insurance payments,
worker=s compensation benefits, Medicaid, Medicare, ERISA.

____ Review discovery requests for any unanswered interrogatories, or outstanding requests
for production, and whether or not all requests for copies have been complied with. Send
follow-up letters to opposing counsel.

____ Propound any supplemental interrogatories or requests for production necessary

following depositions of parties, fact witnesses, etc. (Rule. 1.340)

____ Schedule any examination of the client with any experts, i.e., physicians, rehabilitation
specialists, economists, etc.

____ Prepare a ADay in the Life@ videotape of the client, utilizing testimony from Abefore and
after@ witnesses.

____ Summarize depositions of fact witnesses - Use page/line format.

____ Begin scanning to CD-ROM/database key documents, Ahot@ documents, photographs,

etc. (This should be a ongoing process from this point to trial).

____ Prepare PowerPoint for use at mediation. (This includes any photographs of the accident
scene, witness statements, treating physician=s prognosis, etc.)

____ Fax letter to all defense counsel requesting the names, titles, and companies of any
person attending the mediation. Determine if any claims adjuster not in attendance, who
will attend by telephone, is the person with the highest authority to settle for his insured.

60 Days Prior to Pre-Trial Conference (Pretrial Conference is usually held 10 days to 2 weeks
prior to the trial)

____ Serve any Proposals for Settlement on opposing counsel (do not file original with the
Court).

____ Set up an Action List for the trial team with responsibilities for certain tasks listed and dates
for completion.

____ Plaintiff to furnish Expert Witness Disclosure and file original with Court
a. Name and address of each expert
b. Areas of expertise as to each expert
c. Subject matter of the expected testimony of the expert
d. Substance of the facts and opinions about which witness is expected to testify
e. Summary of the grounds on which each of the opinions of the witness will be
based.
f. Copy of Curriculum Vitae for each expert to be attached to disclosure.
____ Confirm with experts their availability for attendance at trial!

____ Immediately obtain at least 4 dates that each of your expert witnesses can be available for
deposition.

____ Send letter to opposing counsel advising of dates experts available for deposition. Do not
wait for opposing counsel to contact you!!!

____ Propound Requests for Admissions as to the truth of any fact or the genuineness of any
documents - this narrows issues for the trial. (Rule 1.370)

____ Draft motions to compel answers to interrogatories or responses to requests for

production (if necessary) and set for hearing.

____ Review pleadings for any suitable dispositive motions, i.e., motion for summary judgment
as to liability (Rule 1.510)

____ Schedule any remaining depositions of fact witnesses, including whether or not to
videotape testimony for use at trial.

____ Calendar 45 days from pre-trial for disclosure of defense experts.

____ As soon as defense expert disclosure is received, contact opposing counsel to begin
scheduling depositions. (Make sure CV=s are attached for each expert).

____ Begin diligent search for background information on each defense expert - compile a
witness notebook for each. Look for articles previously written, books published, prior
deposition and/or trial testimony.

30 Days Prior to Pre-Trial Conference

____ Set up witness folders (one for each fact witness, party to the suit, and expert)
In the folder goes deposition transcripts, videotapes, deposition notes, exhibits to
depositions, previous testimony on same subject (used for impeachment, etc.), copies of
articles related to the subject lawsuit.

____ Set up exhibit folders (one for each exhibit), with labels identifying in detail the exhibit, and
number in order the folders.

____ Schedule meeting with attorney or trial team to determine what exhibits will need to be
enlarged, or what demonstrative evidence will need to be prepared for use at trial.

____ Finalize any demonstrative exhibits to be used by your experts. Confirm that any exhibits
such as an accident reconstruction animation, etc. has been Ablessed@ by the expert who
will be using it at trial.

____ Schedule hotel accommodations, make travel arrangements, etc. for expert witnesses
coming to trial.
14 Days Prior to Pre-Trial Conference

____ Contact opposing counsel and schedule attorneys= meeting for 7 days prior to pre-trial
conference (exchange of witness and exhibit lists, draft of pre-trial stipulation, etc.)
Meeting should begin at plaintiff attorney=s office and then move to defense counsel=s
office.

____ Draft list of objections to opposing party=s exhibits, witnesses, etc., for use in the pre-trial
stipulation.

____ Pre-Trial Stipulation. Draft pursuant to ARequirements of Pre-Trial Stipulation@

paragraph in the Order Scheduling Case for Trial.

____ Meet with attorney or trial team to determine if page/line designations in depositions will be
necessary for trial for those witnesses not attending.

____ Attend attorneys= meeting with trial attorney. Make notes as to exhibits, which ones need
objections made, etc.

____ Draft any motions in limine as to any evidence, testimony, statements made, basically
anything that you want excluded that could be prejudicial at trial, or if you want to make
sure that something can be included at trial.

____ Prepare subpoenas for trial and get service. Be sure to include a per diem check to be
served on the witness with the subpoena.

____ Prepare a draft of the Order of Proof for trial. Meet with trial team to finalize order of proof
and exhibits to be used, i.e., which witness will introduce which exhibit.

10 Days Prior to Trial

____ Set up Trial Notebook(s) for trial team.

____ Confirm that all subpoenas have been served. Follow-up with favorable witnesses to
advise them of the approximate date and time they will need to be at the courthouse to
testify.

____ Set up AWar Room@ for trial.

____ Perform legal research for any Apocket@ memos that may need to be used at trial.

____ Draft Jury Instructions.

____ Draft Verdict Form.

____ Prepare Opening Statement PowerPoint or on Sanction

____ Check to make sure that all equipment to be used at trial is current on maintenance, is
working properly, and perform testing, testing, testing!!

____ Ask Judge for access to courtroom the Sunday before start of trial to set up electronic
equipment.
Weekend Prior to Trial and Each Night Thru Trial

____ Prepare Direct Examination PowerPoint or Electronic Presentation for witnesses.

____ Prepare Cross-Examination PowerPoint or Electronic Presentation of defense witnesses.

____ Take equipment to courthouse, if possible, and set up in assigned courtroom.

Each Morning Prior to Start of Trial

____ Check with Deputy Clerk to determine if exhibits introduced previous day were actually
moved into evidence. Update your trial exhibit list to correspond with the Deputy Clerk=s.
If any discrepancies, bring to attention of the trial attorney ASAP!

Each Evening of Trial

____ Pull witness folders and exhibits for next day=s witnesses and take with you to office.

____ Clean up counsel table, putting away any witness folders, exhibit folders, etc.