In this blog we outline our process for taking a case to trial at DelSignore Law. All cases are different but in general this is out approach that we use in every case. Early on in the process, I start preparing the cross examination and outlining the closing statement. I like to do this early because it helps me see the direction of the case in terms of what evidence I need and what evidence I may want to try to exclude at trial or before trial through an evidentiary motion.
We prepare a trial notebook that consistent of the following for all cases. We have pictures of the scene, written opening, closing and cross examination questions, motions in liming, and copies of the police report. In all trial notebooks, I divide each section of the case with a color paper and put extra paper to use during trial. I also have a copy of the officer’s training manual if the case is an OUI that specifies when the officer was trained on the administration of field sobriety tests. I bring that manual to court in case an issue of impeaching the officer arises.
The binder would also include direct examination questions that I will ask any witness as well as copies of any medical records or evidence that I intend to use at trial. The trial folder consists of everything that I may use at trial. There are records and motions that I do not intend to use; I keep these out of the trial binder in case I need to find something during trial. When I have a transcript of an officer from a motion to suppress hearing, I will put the page number by the cross examination for anticipated impeachment. In other words, if the officer claims that my client has slurred speech during the trial, but did not recall slurred speech at the motion, on the slurred speech chapter of the cross, I would have motion hearing at page 32, to tell me quickly where to find the impeachment.