The Trial

• Author: Ellsworth T. Rundlett III
• Pages: 703-764

6-699

Chapter 6

The Trial

§600 In General

§610 Five Principles of a Trial

§620 Trial Notebook and Pretrial Procedures

§630 Selecting the Jury

§640 Opening Statements

§650 Direct Examination

§660 Cross‑Examination, Objections, and Redirect Examination

§670 Demonstrative Evidence and Exhibits

§680 Closing Argument

§690 Jury Instructions

§600 In General

§610 Five Principles of a Trial

§611 Principle #1: Preparation

§612 Principle #2: Plaintiff’s Advantages

§613 Principle #3: Presence

§614 Principle #4: Production of the Play

§615 Principle #5: Positioning

§620 Trial Notebook and Pretrial Procedures

§621 Checklist for Trial Notebook

§622 Motions in Limine

§622.1 Summary of Reasons to Use the Motion in Limine

§622.2 Sample Motion in Limine

§622.3 Reference Aids

§623 Stipulations

§623.1 Suggested Stipulations in Small Cases

§630 Selecting the Jury

§631 Voir Dire States

§631.1 Questions for Jury

MAXIMIZING DAMAGES IN SMALL PERSONAL INJURY CASES 6-700

§632 Non-Voir Dire States

§632.1 Questions for the Judge to Ask

§632.2 Specific Voir Dire Questions Regarding America’s “Lawsuit Crisis”

§633 Challenges for Cause

§634 Peremptory Challenges

Sample: Jury Box Diagram

§640 Opening Statements

§641 Importance of Primacy in Opening Statements

§642 Techniques to Use During Opening Statements

§643 Techniques to Avoid in Opening Statements

§644 Sample: Portion of an Opening Statement in a Clear Liability Case

§645 Sample: Portion of an Opening Statement in an Automobile Case With a Liability Question

§646 Sample: Portion of an Opening Statement in a Premises Liability Case

§647 Sample: Opening in a Products Liability Case

§648 Sample: Portion of an Opening Statement in Intentional Tort Case—Assault and Battery

§650 Direct Examination

§651 Fifteen Winning Steps to Perfect Direct Examination

§652 Outline Checklist for Direct Examination of Plaintiff

§653 Use of Experts in Small Personal Injury Cases

§653.1 Outline and Checklist of Direct Examination of Plaintiff’s Physician

§653.2 Outline and Checklist for Direct Examination of Auto Body Repair Expert

§653.3 Outline and Checklist for Direct Examination of Physical Therapist

§653.4 Experts in Premises Liability Cases

§653.4.1 Examination of an Expert in a Falling Merchandise Case

§653.5 Using Weather Experts at Trial

§653.6 Reference Aids

§654 Outline Checklist for Direct Examination of Occurrence Witness

§655 Outline Checklist for Direct Examination of Before and After Witness

§656 Outline Checklist for Direct Examination of Employer or Co-Worker

§657 Protecting Your Witness

§660 Cross‑Examination, Objections, and Redirect Examination

§661 The “Do’s” of Cross-Examination

§662 The “Don’ts” of Cross-Examination

§663 Cross-Examination of Defense Experts and Other Defense Witnesses

§663.1 Sample: Cross-Examination of a Physician Called by the Defense

§663.2 Cross-Examination of a Private Investigator or Surveillance Video Operator

§664 Objections

§664.1 Thirty of the Most Common Objections in a Small Case

§665 Redirect Examination

Sample: Redirect Examination

§670 Demonstrative Evidence and Exhibits

§671 Advantages and Disadvantages of Demonstrative Evidence in Small Personal Injury Cases

§672 Checklist of Demonstrative Evidence and Exhibits

§673 The Do’s and Don’ts of Demonstrative Evidence

§674 How to Admit Exhibits and Demonstrative Aids

§674.1 Checklist: Admitting an Exhibit Into Evidence

§674.2 Checklist: Presenting a Medical Chart, Diagram, or Model

§674.3 Checklist: Admitting Medical Records and Business Records

§674.4 Checklist: Blackboard Diagrams, Maps and Charts

§674.5 Medical Illustration Sources

6-701 THE TRIAL

§680 Closing Argument

§681 Steps to Maximize Damages in a Small Personal Injury Case During Closing Argument

§682 Topics That Are Usually Prohibited in Closing Arguments and How to Get Around Them

§683 Checklist: Points to Cover in Closing Arguments in Small Personal Injury Cases

§683.1 Sample Introduction to a Closing Argument or Summation in a Very Small Case

[Under $20,000]

§684 Rebuttal

§684.1 Rebuttal Techniques That Maximize Damages in Small Personal Injury Cases

§684.2 Techniques to Avoid in Rebuttal

§684.3 Three Sample Portions of Rebuttals for Use in Small Personal Injury Cases

§684.4 Using the Smoking Gun to Win or Settle Your Case

§685 Trial Tips From the Jury

§690 Jury Instructions

§691 Jury Instructions for the Plaintiff

§692 Dealing With Jury Instructions From the Defense

§693 The Verdict Form

§694 Conclusion