TRIAL NOTEBOOK TEMPLATE AND CHECKLIST

CASE INFORMATION COVER SHEET

TAB 1: CASE THEORY AND THEME

Case Summary (One-Page Maximum)

Theory of the Case:
[________________________________]

Trial Theme (1-2 sentences for jury):
[________________________________]

Elements Proof Chart

Cause of Action / Defense: [________________________________]

Cause of Action / Defense: [________________________________]

Practice Tip: The elements proof chart is the single most important document in the trial notebook. Every piece of evidence and every witness should connect to at least one element. If evidence does not support an element, reconsider whether it belongs at trial. See ABA Section of Litigation, "Trial Notebook to the Rescue" (2023).

TAB 2: PRETRIAL ORDERS AND COURT REQUIREMENTS

Pretrial Conference Summary (Fed. R. Civ. P. 16)

Judge-Specific Preferences and Standing Orders

☐ Standing order obtained and reviewed
☐ Judge's individual practices/preferences reviewed (check court website, speak with clerk)

Key Rulings and Orders

TAB 3: PLEADINGS AND KEY FILINGS

Active Pleadings

☐ Complaint / Petition (filed [__/__/____])
☐ Answer / Counterclaim (filed [__/__/____])
☐ Amended Complaint (filed [__/__/____])
☐ Amended Answer (filed [__/__/____])
☐ Cross-Claims (filed [__/__/____])
☐ Third-Party Complaint (filed [__/__/____])

Key Discovery Responses to Reference at Trial

☐ Interrogatory Responses -- Our client (served [__/__/____])
☐ Interrogatory Responses -- Opposing party (served [__/__/____])
☐ Requests for Admission -- Admitted facts (served [__/__/____])
☐ Document production logs

Case Chronology / Timeline

TAB 4: MOTIONS IN LIMINE AND EVIDENTIARY ISSUES

Our Motions in Limine

Opposing Party's Motions in Limine

Anticipated Evidentiary Objections Quick-Reference

Practice Tip (FRE 103 -- Preserving Error): Make specific, timely objections on the record. State the specific ground for the objection. If the court excludes your evidence, make an offer of proof. Failure to preserve objections waives appellate review.

TAB 5: WITNESS LIST AND EXAMINATION OUTLINES

Our Witness Order

Opposing Party's Anticipated Witnesses

Witness Contact Information and Logistics

Direct Examination Outline Template

Witness: [________________________________]

Cross-Examination Outline Template

Witness: [________________________________]

Practice Tip (FRE 613): When impeaching a witness with a prior inconsistent statement, you must: (1) commit the witness to the current testimony, (2) reference the prior statement (in federal court, you need not show it to the witness first, but you must disclose it to opposing counsel on request), and (3) confront the witness with the inconsistency.

TAB 6: EXHIBIT LIST AND MANAGEMENT

Master Exhibit List

Exhibit Preparation Checklist

☐ All exhibits pre-marked per court requirements
☐ Exhibit stickers/tabs applied (color-coded: Plaintiff = [____], Defendant = [____])
☐ Required copies prepared: Original for court + [____] copies
☐ Exhibit binders assembled for: ☐ Judge ☐ Witness stand ☐ Counsel table ☐ Opposing counsel
☐ Oversized exhibits / demonstratives prepared and tested
☐ Electronic exhibits loaded and tested on courtroom technology
☐ Exhibit list exchanged with opposing counsel per pretrial order
☐ Stipulations on authenticity/admissibility documented

Foundation Quick Reference for Common Exhibits

TAB 7: JURY SELECTION (VOIR DIRE)

Juror Profile Sheet

Voir Dire Question Categories (Fed. R. Civ. P. 47)

☐ Background and Demographics: Employment, education, family, residence
☐ Prior Litigation Experience: Lawsuits as party or witness, prior jury service
☐ Knowledge of Parties/Counsel: Familiarity with parties, attorneys, or witnesses
☐ Subject Matter Attitudes: Opinions on [type of claim], [industry], [key issues]
☐ Bias/Prejudice Inquiry: Anything that would prevent fair and impartial service
☐ Burden of Proof Understanding: Understanding of preponderance vs. beyond reasonable doubt
☐ Damages Attitudes: Ability to award [compensatory/punitive] damages; views on large verdicts
☐ Hardship: Ability to serve for estimated trial length

Challenge Tracking

Peremptory Challenges Available: Plaintiff [____] / Defendant [____]
Peremptory Challenges Used: Plaintiff [____] / Defendant [____]

Practice Tip: Under Batson v. Kentucky, 476 U.S. 79 (1986), and J.E.B. v. Alabama, 511 U.S. 127 (1994), peremptory challenges may not be exercised on the basis of race or gender. Document a race- and gender-neutral reason for every peremptory strike. Courts increasingly scrutinize patterns in peremptory challenges.

TAB 8: OPENING STATEMENT

Opening Statement Outline

Introduction / Theme:
[________________________________]

Roadmap (what the evidence will show):
[________________________________]

Key Facts in Chronological Order:

Damages / Relief Overview:
[________________________________]

Conclusion / Preview of Closing:
[________________________________]

Visual Aids / Demonstratives for Opening

☐ Timeline graphic
☐ Key document blow-ups
☐ Photographs
☐ Diagram / map
☐ PowerPoint or Keynote presentation
☐ [________________________________]

Practice Tip: Opening statement is not argument. State what the evidence will show, not what it means. Avoid argumentative language, personal opinions, or references to excluded evidence. Opposing counsel's objection during opening can be devastating to credibility with the jury.

TAB 9: CLOSING ARGUMENT

Closing Argument Framework

Theme Restatement:
[________________________________]

Elements Walkthrough (connect evidence to jury instructions):

Key Witness Credibility Points:
[________________________________]

Damages Calculation:

Rebuttal of Opposing Arguments:
[________________________________]

Verdict Request:
[________________________________]

TAB 10: JURY INSTRUCTIONS (Fed. R. Civ. P. 51)

Proposed Jury Instructions

Verdict Form(s)

☐ General verdict form
☐ Special verdict form with interrogatories
☐ General verdict with special interrogatories (Fed. R. Civ. P. 49)

Practice Tip (Fed. R. Civ. P. 51): Object to jury instructions on the record before the jury retires. State the specific ground. Under Rule 51(d)(1), failure to object waives the right to assign error on appeal, unless the error is a "plain error" affecting substantial rights under Rule 51(d)(2).

TAB 11: DAMAGES AND RELIEF

Damages Summary

Equitable Relief Checklist (if applicable)

☐ Injunction factors briefed (irreparable harm, balance of hardships, public interest, likelihood of success)
☐ Proposed order / injunction language drafted
☐ Bond amount addressed (Fed. R. Civ. P. 65(c))
☐ Specific performance elements and evidence identified

TAB 12: LEGAL RESEARCH AND AUTHORITIES

Key Case Law

Key Statutes and Regulations

Trial Briefs Filed

☐ Trial Brief (filed [__/__/____])
☐ Supplemental Brief on [________________________________] (filed [__/__/____])
☐ Response to Opposing Trial Brief (filed [__/__/____])

TAB 13: SETTLEMENT MATERIALS

☐ Client written authority to settle obtained and in file
☐ Lien holders identified and amounts confirmed
☐ Settlement agreement template prepared

TAB 14: LOGISTICS AND TRIAL ADMINISTRATION

Courtroom Technology Checklist

☐ ELMO / document camera available and tested
☐ Laptop connection to courtroom display (HDMI / VGA / wireless -- confirm type)
☐ Projector and screen tested
☐ Audio/video playback equipment tested
☐ Internet access available (☐ Wi-Fi ☐ Hotspot needed)
☐ Presentation software loaded and tested (PowerPoint, Trial Director, TrialPad, etc.)
☐ Backup equipment available (laptop, cables, adapters, extension cords, power strips)
☐ Deposition video clips queued and tested with timing references

Daily Trial Management

Emergency Contact List

TAB 15: POST-TRIAL

Post-Trial Deadlines

Bench Trial Post-Trial Items

☐ Proposed Findings of Fact submitted (Fed. R. Civ. P. 52(a))
☐ Proposed Conclusions of Law submitted
☐ Post-trial brief filed
☐ Response to opposing post-trial submissions filed

MASTER PRETRIAL CHECKLIST

100 Days Before Trial

☐ Confirm trial date with court clerk
☐ Review and update case theory and elements proof chart
☐ Identify all witnesses; begin scheduling and preparation
☐ Review all discovery for completeness; identify gaps
☐ Begin drafting motions in limine
☐ Begin drafting jury instructions (pattern instruction research)
☐ Retain and prepare expert witnesses; confirm report deadlines met
☐ Begin preparing trial exhibits; identify documents for stipulation
☐ Evaluate settlement posture; consider mediation if not yet attempted
☐ Confirm insurance coverage and reserves (if applicable)

60 Days Before Trial

☐ File and serve pretrial disclosures (Fed. R. Civ. P. 26(a)(3) -- 30 days minimum before trial)
☐ File motions in limine with supporting authorities
☐ Exchange exhibit lists and copies of exhibits
☐ Exchange witness lists with contact information and estimated testimony times
☐ Begin witness preparation sessions (direct and cross)
☐ Order and review relevant deposition transcripts
☐ Prepare deposition designations and counter-designations
☐ Subpoena non-party witnesses (allow time for compliance)
☐ Research judge's trial practices and recent rulings

30 Days Before Trial

☐ Attend final pretrial conference (Fed. R. Civ. P. 16(e))
☐ Review and comply with pretrial order
☐ File trial brief(s)
☐ Submit proposed jury instructions and verdict forms (Fed. R. Civ. P. 51)
☐ Submit proposed voir dire questions (if permitted)
☐ Pre-mark all exhibits per court requirements
☐ Prepare exhibit binders (judge, witness, counsel table, opposing counsel)
☐ Conduct mock opening and closing arguments
☐ Finalize direct and cross-examination outlines
☐ Prepare demonstrative exhibits and visual aids
☐ Test courtroom technology

7 Days Before Trial

☐ Final witness preparation sessions completed
☐ Confirm all witness availability and travel arrangements
☐ Prepare daily trial schedule and witness call order
☐ Assemble trial notebook (physical and electronic)
☐ Prepare trial team assignments and communication plan
☐ Pack trial supplies (binders, stickers, Post-its, charging cables, extension cords, copies of key authorities)
☐ Confirm court reporter arrangements (daily transcript?)
☐ Send client trial preparation memo (what to expect, dress code, conduct)
☐ Review all motions in limine rulings; prepare to comply and enforce
☐ Shepardize / KeyCite all cited authorities for current status

Day Before Trial

☐ Confirm witness for Day 1
☐ Review opening statement
☐ Lay out exhibits for Day 1
☐ Charge all electronics
☐ Arrive at courthouse early; set up courtroom
☐ Review juror questionnaires (if available)
☐ Brief client on courtroom conduct and schedule

During Trial (Daily)

☐ Debrief trial team at end of each day
☐ Prepare for next day's witnesses and exhibits
☐ Update exhibit admission tracking log
☐ Review daily transcript (if ordered) for impeachment opportunities and error preservation
☐ Communicate with client regarding developments
☐ Reassess settlement posture based on trial developments
☐ Confirm next-day witnesses

PRACTICE TIPS

1. Build the Notebook Early: Start assembling the trial notebook at least 100 days before trial. The notebook is a living document that evolves through pretrial preparation. See ABA Section of Litigation, "Trial Notebook to the Rescue."

2. Elements-First Organization: Organize everything around the elements proof chart. Every witness, exhibit, and legal authority should map to at least one element of a claim or defense.

3. Know Your Judge: Research the judge's trial practices, pet peeves, and recent rulings. Check the court's website for standing orders, speak with the clerk, and consult colleagues who have appeared before the judge. PACER or state court electronic filing systems may contain useful pretrial orders from other cases.

4. Preserve the Record: Under Fed. R. Evid. 103 and Fed. R. Civ. P. 46, make timely, specific objections and offers of proof. An objection that is too general or too late is waived. Consider making a standing objection if the court permits, but confirm it on the record.

5. Exhibit Management: Pre-mark all exhibits and obtain stipulations on authenticity wherever possible. This saves significant time at trial and reduces the risk of foundation challenges. Self-authenticating exhibits under FRE 902 (certified business records, public documents) can be admitted without a sponsoring witness.

6. Witness Preparation: Prepare every witness, including experts. Conduct at least one full preparation session covering: (a) the substance of testimony, (b) anticipated cross-examination, (c) courtroom procedures and demeanor, and (d) how to handle objections. Prepare witnesses to tell the truth -- never to memorize testimony.

7. Technology: Always have a backup plan. Courtroom technology fails. Bring paper copies of critical exhibits, a backup laptop, extra cables, and extension cords. Test everything in the courtroom before trial begins.

8. Dual Format: Maintain both a physical trial notebook (tabbed binder) and an electronic version with searchable PDFs. The physical notebook is essential for quick reference at counsel table; the electronic version enables rapid searching during testimony.

9. State Court Variations: State courts have their own procedural rules analogous to the Federal Rules. Check the applicable state rules of civil procedure, evidence, and local court rules. Key areas of variation include: voir dire procedures, number of peremptory challenges, jury instruction practices, and post-trial motion deadlines.

10. Post-Trial Deadlines Are Jurisdictional: Under Fed. R. App. P. 4(a), the 30-day deadline to file a notice of appeal is jurisdictional and cannot be extended (except in narrow circumstances under Rule 4(a)(5)-(6)). Calendar this deadline immediately upon entry of judgment.

SOURCES AND REFERENCES

• Fed. R. Civ. P. 16 (Pretrial Conferences; Scheduling; Management)
• Fed. R. Civ. P. 26(a)(3) (Pretrial Disclosures)
• Fed. R. Civ. P. 47 (Selecting Jurors)
• Fed. R. Civ. P. 49 (Special Verdicts; General Verdict and Questions)
• Fed. R. Civ. P. 50 (Judgment as a Matter of Law)
• Fed. R. Civ. P. 51 (Instructions to the Jury; Objections; Preserving a Claim of Error)
• Fed. R. Civ. P. 52 (Findings and Conclusions by the Court)
• Fed. R. Civ. P. 59 (New Trial; Altering or Amending a Judgment)
• Fed. R. Evid. 103, 401-403, 611, 613, 701-706, 801-807, 901-903, 1001-1008
• Fed. R. App. P. 4(a) (Appeal in a Civil Case)
• Batson v. Kentucky, 476 U.S. 79 (1986)
• J.E.B. v. Alabama, 511 U.S. 127 (1994)
• ABA Section of Litigation, "Trial Notebook to the Rescue" (2023)
• Brown & Charbonneau, LLP, "Trial Preparation Checklist: Final 100 Days"