Exhibit List

• You need to prepare and include in your notebook a list of all potential exhibits that you, or opposing counsel might admit at trial. This list should have at least two check boxes next to each exhibit. One box will show whether the exhibit was offered for admission, and the other check box will show whether it was accepted for admission before the court. Your exhibits provide the foundation for your story at trial, so you need to stay organized. You will likely present numerous exhibits, as will opposing counsel, so a detailed chart will help you keep track of the status of what evidence is before the court.
  
  

Exhibits

• Prepare one or more exhibit binders that will be part of your trial notebook. Apart from your live witnesses, you will rely almost exclusively on your exhibits to tell your story and prove your case. You need them all organized and on hand for presentation to the court. Organizing the exhibits in advance will give you the upper hand on the day of trial. You should be familiar with what exhibits you have, and where they are in your trial notebook. Your notebook should include exhibits you intend to offer for admission, as well as exhibits opposing counsel is likely to offer for admission.
  
  

Outlines

• Have an outline prepared for each witness that may or will be called at trial by either you or opposing counsel. This include a direct examination outline for your own witnesses, and a cross-examination for each of opposing counsel's potential witnesses. You may want to include in your outline key statements from the deposition of that witness, assuming one was taken before trial.
  
  Prepare and include in your trial notebook an outline of your critical legal arguments, including your opening statement, closing statement and evidentiary issues that you anticipate arising during trial.
  
  

Expert Reports

• If you or opposing counsel willy rely on expert witness testimony, have a copy of the expert's report in your trial notebook. This will give you an immediate reference in case your expert or the opposing expert says something new or contradictory to what was said before.
  
  

Laws and Rules

• Finally, include in your trial notebook a copy of each statute, regulation, case or court rule that plays a significant role in any of your arguments or opposing counsel's arguments. You will want a professional copy that you can present to the judge, if the need arises.