Law 011-Assignment 6 - Getting Ready for Trial - Copy
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Jan 9, 2024
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Assignment #6
- Getting Ready for Trial
1. How many days before trial must you serve the other side with your expert witness in information,
and what code section governs?
In California, the date of the hearing changes the dates and times by which information about expert
witnesses must be exchanged. Expert witness information must be shared "no later than 50 days before
the initial trial date or 20 days after service of the demand," whichever is sooner. This is what CCP
section 2034.230(b) says. Based on the specifics of the case, the court may choose to set a swap date
that is earlier or later.Based on the specifics of the case, the court may choose to set a swap date that is
earlier or later.
2. How do you force a witness to attend the trial and testify?
A subpoena is a court order that tells a witness (who is not a party to the case) to help the court.
3. Name at least 6 different types of exhibits you can use at the time of trial.
Video recordings, audio recordings, documents, photoghraphs, medical records, and expert testimonies.
4. What are jury instructions, and who prepares them?
Jury instructions are the rules of the law that the judge tells the jury during the hearing. Both sides offer
suggestions for directions based on how they see the law. The judge looks over them, chooses which
directions to give, and can change them if necessary. Lawyers help decide what the instructions should
be, but the judge makes the final choice. When the jury comes to a decision, the directions help them
figure out how to apply the law to the facts.
5. What is the difference between direct and circumstantial evidence?
Something like an eyewitness account is direct proof because it proves a fact without drawing any other
conclusions. People use inferences from the things going on around them to support their conclusions.
For example, the sound of breaking glass and an alarm could lead someone to believe that someone is
getting into their house. Judges and juries decide how much weight to give to each type of proof based
on how credible and important they are.
6. How does a juror weigh conflicting evidence?
When there is conflicting evidence, the jurors look at the credibility of the witnesses, find evidence that
supports what the witnesses say, think about the type of evidence (direct vs. circumstantial), look at
expert testimony, look for contradictions, weigh what is fair, and remember who has to prove the case.
Although the jurors work together to decide on a verdict, each one has to decide for themselves which
proof is more credible and convincing.
7. What can the jury do if a party fails to deny or explain adverse evidence?
A jury can draw a negative inference from a party's failure to deny or explain adverse information when
deciding how credible that party's case is. While jurors are deciding what to do with the evidence, this
failure may affect the party's total credibility. According to the judge's instructions and the jurisdiction,
the exact consequences may be different.
8. What must an attorney do to prepare for trial?
When preparing for a trial, an attorney must:
Review all of the depositions and information gathered in discovery
Read the transcripts of the depositions of witnesses and all the other information that was gathered
during the discovery part of the legal process very carefully. It helps lawyers understand the most
important facts, statements, and pieces of proof in the case.
Prepare questions for witnesses
Make a list of questions you want to ask the witnesses in court. These questions are meant to get
important information that will help the person making the legal case.
Determine the most logical order to tell the story and present the evidence.
Make sure that the information is presented in a way that makes sense. This strategic ordering helps you
make a strong story that fits with your law strategy.
Prepare the witnesses for cross examination (questions posed by the opposing attorney)
Prepare for the questions and problems that the other lawyer might bring up during cross-examination.
Help the witnesses understand how to react in a way that is appropriate for the case.
Prepare objections for evidence that should
not
be presented
Find any evidence that might not be allowed or that could be used against you. Get ready with legal
objections that will stop this kind of information from being used in the trial.
Have visual aids and exhibits created
You can improve the way proof is presented by working with graphic designers or other professionals to
make visual aids and exhibits. This could include slideshows, charts, graphs, or diagrams.
Write the opening statement
Write an opening statement that summarizes the main points of the case, gives an outline of the
evidence that will be given, and sets up the legal arguments. The opening speech is your chance to set
the tone for the trial and get the jury's attention.
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