| Summary: | This FasTrain (quick-training guide) is the Florida Bar's comprehensive 5-volume set on civil trial preparation. Book 1: "Organization" addresses several initial activities significant to early trial preparation success: obtaining and organizing case information into a trial notebook, preparing an annotated proof of facts, adopting a case theme, and retaining consultants. This title offers valuable insight into the pretrial conference, jury versus bench trials, restructuring motions, and jury voir dire. Book 2: "Motion practice" addresses the variety of pretrial motions the attorney may need either to file or contest, and guides the attorney through the substantive and procedural issues surrounding these motions. The book precisely explains the substantive content of particular defensive motions (such as a motion for judgment on the pleadings), motions to structure the case (such as a motion to bifurcate a punitive damages claim), general trial preparation motions (such as a motion to disqualify the judge), and dispositive motions (such as a motion for summary judgment). It details when and how to file and serve these motions and what supporting memoranda, affidavits or exhibits to attach. The attorney will learn about common responses to the motions addressed and, thereby, will be prepared to object to and defeat similar motions filed by opposing counsel. Book 3: "Discovery" addresses the scope of permitted discovery and various methods used to obtain each type of information needed to thoroughly present a case. Detailed instructions are provided for drafting interrogatories, requests to admit, requests to produce or inspect, and requests for physical or mental examinations. The attorney learns to collect informal discovery, to prepare for depositions, and to file necessary pretrial disclosures. Finally, numerous motions for the resolution of discovery issues are thoroughly addressed, including motions for protective order, motions to compel discovery, motions for sanctions, and motions for referral of discovery disputes to a master. Book 4: Evidence addresses how to get evidence admitted at trial. There are specific instructions for laying foundations for real, documentary, and demonstrative evidence, and for getting these items admitted through judicial notice. Learn how to handle the introduction into evidence of interrogatories, depositions, and other discovery, authoritative literature, business and public records, and "live" testimony. Included are pointers for direct and cross-examination, as well as advice on prodding the forgetful witness. The coverage of evidentiary objections, motions in limine, and motions to strike anticipates challenges to introduction of evidence and objections to the opposing attorney's evidence. Book 5: "Settlement and alternative dispute resolution" addresses negotiated settlements and other methods of resolving disputes that otherwise will go to trial. Learn not only when it may be prudent to seek resolution rather than trial, but also how to obtain the best outcome for the client. Along with successful settlement negotiation tactics is an explanation of arbitration and mediation and the most efficient and economical ways to resolve disputes.
|
|---|
