Preparing Witnesses, Exhibits and Final Filings

• Author: Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen
• Pages: 491-510

WITNESSES, EXHIBITS,

FINAL FILINGS

16-1

CHAPTER 16

PREPARING WITNESSES,

EXHIBITS AND FINAL FILINGS

I. EVIDENCE NEEDED BY EACH PARTY

§16:01 Plaintiff

§16:02 Defendant

§16:03 Evidence Charts

II. ORDER FOR PRESENTING EVIDENCE

§16:10 General Points

§16:11 Scheduling Witnesses

§16:12 Order of Evidence for Plaintiffs

§16:13 Order of Evidence for Defendants

§16:14 Should Defense Put on Damages Evidence?

§16:15 Expert Testimony Foundation

III. WITNESS EXAMINATION PLANS

A. Lay Witnesses

§16:20 Assemble Documents for Witness Folder

§16:21 Create Subject Matter Outlines

§16:22 Decide What to Ask

§16:23 Draft Questions

B. Expert Witnesses

§16:30 Prepare Expert Folder

§16:31 Decide What to Ask

§16:32 Draft Questions

IV. WITNESS PREPARATION

A. Lay Witnesses

§16:40 Attributes Considered by Jury

§16:41 Meet With the Witness

§16:42 Review Prior Statements

§16:43 Elicit Clear Testimony

§16:44 Get the Whole Story From the Witness

§16:45 Review Exhibits

§16:46 Prepare the Witness for Cross-Examination

§16:47 Give General Advice

WITNESSES, EXHIBITS,

FINAL FILINGS

New York Trial Notebook 16-2

B. Expert Witnesses

§16:60 Fit the Preparation to the Witness’s Experience

§16:61 Attributes Considered by Jury

§16:62 Meet With the Witness

§16:63 Review Basis for Testimony

§16:64 Review Prior Statements

§16:65 Elicit Clear Testimony in Lay Terms

§16:66 Get the Whole Story From the Expert

§16:67 Review Exhibits

§16:68 Prepare Expert for Cross-Examination

§16:69 Give General Advice

V. PREPARATION OF NONTESTIMONIAL EVIDENCE

A. Introduction

§16:80 Def‌inition

§16:81 Documents

§16:82 Foundation

§16:83 Marking Exhibits

§16:84 Two Types of Demonstrative Evidence

§16:85 Real or Original Evidence and Adaptations

§16:86 New Creations

§16:87 Notices to Admit

B. Preparing to Use Exhibits at Trial

§16:100 Traditional

§16:101 Modern Technology

VI. FINAL FILINGS

§16:110 Marked Pleadings [CPLR 4012]

§16:111 Pre-Trial Order

§16:112 Other Papers Required by Court

§16:113 Trial Memoranda

§16:114 Stipulations