NCJ Number
79088
Date Published
1980
Length
456 pages
Annotation
A methodology for trial preparation is presented, and the thought processes a trial lawyer should use before and during each phase of a trial are reviewed, followed by examples of the technical courtroom skills that must be developed to present persuasive evidence and arguments at trial.
Abstract
The emphasis is on jury trials, since a lawyer who can effectively try cases before a jury should also be competent in a bench trial. The examples are principally from personal injury and criminal cases, because they involve easily isolated examples of trial techniques and constitute the substantial majority of cases tried to juries. The section on preparation for trial discusses how to organize files, prepare a trial notebook, develop a theory of the case, prepare witnesses for direct examinations, structure the order of proof, and prepare cross-examinations of opponent's witnesses. The discussion of jury selection considers the initial decision to request a jury trial, various methods under which jurors are examined, empaneled and challenged, the basic approaches and theories used for the selection process, and the manner in which a juror voir dire should be made. Also detailed are the elements and structure of effective opening statements, along with the components of effective examinations and the kinds of direct examinations repeatedly encountered in civil and criminal trials. The section on exhibits focuses on the proper procedures for having exhibits admitted in evidence, how and when to use them effectively, and the foundation requirements of exhibits commonly encountered during trials. Separate sections are also devoted to cross-examination, closing arguments, and objections. The Federal rules of evidence and an index are provided.