Chapter § 2.10 Trial

• Jurisdiction: United States
• Publication year: 2020

§ 2.10 Trial

A well-run case has been set up from the start with the trial in mind. Trial is the distillation of the evidence, woven into a cohesive theme. Each piece of evidence or testimony presented to the jury should have a place in the trial theme that supports the plaintiff’s ultimate legal theories.

Trial requires meticulous planning and preparation. Plaintiffs and defendants alike are best-served by painstaking planning and organization. Anticipating what evidence is to be used with which witness, how that evidence helps prove the case or enhances the trial theme, and organizing the evidence in a way that makes it easily accessible is essential to maintaining the flow of trial. The party that fumbles for documents, is unable to operate courtroom technology or otherwise appears disorganized will instantaneously lose credibility with the jury. Pretrial preparation is therefore essential.

Once at trial, the plaintiff should present a trial theme to the jurors. Research shows that attorneys are most effective in persuading jurors when they create a theory and theme that fits into a story model. In fact, one study found...