Trial Preparation Checklist for Paralegals

Why a Trial Preparation Checklist Matters

Trials are won or lost on preparation. In the weeks before a civil trial, attorneys focus on strategy, argument, and witness examination while paralegals ensure that every document, witness, deadline, and piece of technology is ready. A reliable checklist reduces the risk of missed deadlines, lost exhibits, or evidentiary surprises. The following framework works for most civil cases, though you should always adapt it to the court's local rules and the judge's standing orders.

What Should Happen 60 to 90 Days Before Trial?

• Review the scheduling order and pretrial order. Calendar every deadline for motions in limine, witness lists, exhibit lists, jury instructions, and the final pretrial conference.
• Confirm discovery is complete. Check for outstanding responses, supplementation duties under Rule 26(e), and any pending motions to compel.
• Update the case chronology and issue outline. These become the backbone of trial notebooks.
• Identify trial witnesses. Distinguish lay witnesses, fact witnesses, and retained experts. Confirm expert reports and disclosures meet Rule 26(a)(2) requirements.
• Begin deposition designations. Mark transcript excerpts to be read or played for witnesses who will be unavailable.
• Evaluate settlement and mediation windows. Many courts require a documented good faith settlement attempt before trial.

What Pretrial Filings Must Be Prepared?

Paralegals typically draft or assemble the following for attorney review:

1. Motions in limine asking the court to exclude or limit prejudicial evidence before the jury hears it.
2. Witness list with contact information, a summary of expected testimony, and an estimate of time.
3. Exhibit list with consecutive numbering, descriptions, and stipulations as to authenticity or admissibility.
4. Proposed jury instructions and verdict form, usually drawn from pattern instructions and modified for the case.
5. Voir dire questions for jury selection, if the court allows attorney-conducted examination.
6. Trial brief summarizing facts, issues, and controlling law.
7. Joint pretrial statement prepared with opposing counsel, including stipulated facts and contested issues.

How Should Exhibits Be Organized?

Exhibit preparation is among the most important paralegal tasks. Follow these steps:

• Pre-mark every exhibit according to the court's numbering convention, such as plaintiff's numbers and defendant's letters.
• Prepare at least four sets: one for the witness, one for the judge, one for opposing counsel, and one for your attorney. Add a jury set if required.
• Verify authenticity foundations. Know which exhibits are self-authenticating, which require a custodian, and which qualify under the business records exception to hearsay.
• Prepare demonstrative aids such as timelines, charts, and enlargements, and confirm the court will permit them. Remember that demonstratives are visual aids and typically are not evidence unless admitted.
• Redact personal identifiers as required by court rules.
• Test all equipment, including projectors, evidence presenters, and presentation software, in the actual courtroom if possible.

How Do You Prepare Witnesses and Subpoenas?

Subpoenas for non-party witnesses must be served with the appropriate witness fee and mileage under the applicable rules. Confirm service dates and keep proofs of service in the file. Schedule witness preparation sessions with the attorney. Provide travel and lodging details for out-of-town witnesses. For experts, confirm availability, billing arrangements, and that all materials they relied on have been produced. Keep a witness order chart so that testimony flows logically and no one is stranded waiting.

What Belongs in the Trial Notebook?

A well organized trial notebook, whether physical or digital, commonly contains:

• Pleadings and the pretrial order.
• Witness outlines with exhibit cross references.
• Deposition summaries and key excerpts for impeachment.
• Legal research on anticipated evidentiary issues.
• Jury instructions and verdict forms.
• Opening statement and closing argument outlines.
• Motions in limine and rulings.

What Logistics Should Be Handled the Week Before Trial?

• Confirm the courtroom, judge's preferences, and daily schedule.
• Arrange a war room or workspace near the courthouse.
• Pack supplies including extra copies, tape, markers, chargers, and clean clothing for the trial team.
• Check technology rules for electronic devices in the courthouse.
• Prepare the client for courtroom conduct and dress, under the attorney's direction.
• Arrange court reporter and daily transcript if desired.

What Does the Paralegal Do During Trial?

During trial the paralegal acts as the team's organizer and record keeper. Responsibilities include tracking admitted exhibits, noting objections and rulings, monitoring time limits, retrieving documents on demand, summarizing the day's testimony, and updating the next day's witness outline. After the verdict, the paralegal helps with post-trial motions, such as renewed motions for judgment as a matter of law or motions for a new trial, which usually must be filed within 28 days of judgment in federal court. Remember that a paralegal cannot address the court or examine witnesses, and must never communicate with jurors.

Common Mistakes to Avoid

Missing the deadline for exhibit lists, failing to supplement discovery, leaving exhibits unmarked, overlooking subpoena service, and neglecting to test technology are the most common causes of trial-day stress. Build redundancy into every step.

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