Preparing Documents for Trial

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Preparing Documents for Trial

• Barry Weintraub

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Outline

• Document briefs
• Requests to admit
• Preparing your witnesses
• Documents for cross-examination
• Discovery admissions
• Evidence issues

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Document Brief

• Include all necessary documents
• Include only necessary documents
• Proof of authenticity
• Know document numbers

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Requests to Admit

• At least 20 days in advance
• Request to admit facts
• Requests to admit documents

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Interview Witnesses

• What will they say?
• Assess motivation
• Reduce witness anxiety
• Get background information
• Witness document briefs

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Getting Witnesses There

• Decide who you want
• Serve witness summonses
• Proof of service

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Preparing Examination in Chief

• Assess witness ability
• Logical order of presentation
• Addressing weaknesses

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Cross-Examination Objectives

• Admissions you can get
• Minimize damage
• Impeach if necessary

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Preparing Cross-examination

• Importance of notes/real time transcripts
• Admissions from documents
• Best discovery admissions
• Qualified discovery admissions

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Mandatory Cross-examination

• Browne v. Dunn
• Challenge damaging evidence

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Impeachment

• Compile prior statements for impeachment
• Know discovery transcript

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Use of Discovery Transcripts

• For admissions
• For cross-examination
• For impeachment

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Brief of Discovery Admissions

• Use clean admissions
• Organize brief of excerpts
• Must include qualifying evidence
• Exclude polluted admissions
• When to give to other side

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Evidence Issues

• Evidence Act Notices
• Disputed documents
• Disputed testimony

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Prepare for Evidentiary Issues

• Corroboration
• Collateral facts
• Hostile witnesses
• Hearsay and Exceptions
• Past recollections recorded
• Declarations against interest
• Res gestae