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Chapter 1 — Introduction
Chapter 2 — Prepare Evidence Before Trial
I. Structure a Trial Preparation System for the Case
II. Identify Potential Trial Evidence
III. Organize Your Evidence for Trial
IV. Decide How and When You Will Present the Evidence at Trial
V. Review General Rules on Objections and Claims of Privilege
VI. Evaluate Your Evidence and Anticipate Objections
VII. Prepare a Witness Examination Plan for Each Witness
VIII. Prepare Witnesses To Testify
IX. Satisfy Pretrial Procedural Requirements
Chapter 3 — Obtain Evidence
Chapter 4 — Deal with Admissibility Issues Before Trial
I. Review General Rules Governing Admissibility
II. Resolve Admissibility Questions
Chapter 5 — Introduce Exhibits at Trial
I. Mark the Exhibit for Identification
IV. Lay the Foundation
V. Provide the Exhibit to the Judge
VI. Offer the Exhibit into Evidence
VII. Obtain a Ruling on Admissibility
VIII. Publish to the Jury
Chapter 6 — Introduce Other Evidence Not Offered As Exhibits
I. Prior Deposition Testimony Used To Impeach
II. Evidence Depositions (Non-Video)
III. Video Depositions
IV. Expert Testimony
V. Lay Testimony
VI. Present Recollection Refreshed
VII. Past Recollection Recorded
VIII. Answers to Interrogatories or Requests for Admissions
IX. Pleadings
X. Stipulations
XI. Demonstrative or Experimental Evidence
XII. Jury Views
XIII. Requests To Admit Facts
XIV. Requests To Admit Genuineness of Documents
XV. Public Records
XVI. Habit Evidence
XVII. Telephone Conversation — Voice of Person
Chapter 7 — Respond to Challenges to Admissibility of Your Evidence at Trial
Chapter 8 — Establish Foundations for Specific Types of Physical Evidence
I. Photographs
II. Models, Maps, and Diagrams
III. Motion Pictures/Video/Day in the Life Videos
IV. Demonstrations and Experiments
V. X-Rays
VI. Exhibition of Person at Trial
VII. Letters/Writings
VIII. Contracts
IX. Business Records
X. Medical Records
XI. Medical Bills
XII. Summary Charts
XIII. Certified Records
XVI. Judicial Notice
XVIII. Computer Printouts
XIX. Computer-Generated Documents
XXII. Mortality Tables
XXIII. Prior Occurrences
XXIV. Absence of Similar Accidents
Chapter 9 — Appendices
I. [9.1] Sample Trial Preparation Systems
XV. Typical Sample Foundations: Testimonial Evidence
List of Forms by ChapterRichard L. Miller II is a Partner at Miller PC, in Chicago, where he concentrates his practice in commercial litigation, class actions, and labor law. He has litigated disputes involving business contracts, employment law, insurance coverage, trademarks, partnership agreements, and corporate veil-piercing claims, among others. Miller is an Adjunct Professor at Northwestern Pritzker School of Law, where he has served as an instructor for Trial Advocacy since 2005 and for Advanced Trial Advocacy since 2013. He has been an arbitrator for the American Arbitration Association since 2008, for FINRA since 2018, and for the Cook County Mandatory Arbitration Program from 2003 to 2005. As an assistant state’s attorney, he prosecuted approximately 50 jury trials, including two murder cases. Miller has served on the IICLE® Board of Directors since 2023. He has also spoken for IICLE® programs, including Trial Advocacy for Civil Litigators (2019) and Laying Foundations for Introducing Evidence (2018), and he served on the faculty for IICLE®’s Trial Advocacy series, speaking on motions, negotiating settlements, and cross-examinations. He has been repeatedly recognized as a Leading Lawyer, Super Lawyer, and Rising Star. In 2008, he was named one of the 40 Illinois Attorneys Under 40 To Watch by the Law Bulletin Publishing Company, which publishes the Chicago Lawyer and Chicago Daily Law Bulletin. Miller is a Past President of the Law Alumni Board for the University of Illinois College of Law. He attended the University of Illinois College of Law on a full, merit scholarship and graduated cum laude in 1997. He graduated magna cum laude from the University of Illinois College of Business in 1992.
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