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Table of Contents

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Chapter 1 — Introduction

Chapter 2 — Prepare Evidence Before Trial

I. Structure a Trial Preparation System for the Case

[2.1] Outline the Case

[2.2] Preparation

[2.3] Establish a Preparation System

[2.4] Small Claims Limitations

[2.5] Limitations on Cases for $50,000 or Less

[2.6] Mandatory Arbitration Concerns

[2.7] Secure Necessary Evidence

II. Identify Potential Trial Evidence

[2.8] Objectives

[2.9] Potential Uses

[2.10] Sources and Type of Evidence

[2.11] Investigation

[2.12] Discovery

[2.13] Custom-Prepared Exhibits

[2.14] Photographs

[2.15] Videography

[2.16] Litigation-Generated Evidence

III. Organize Your Evidence for Trial

[2.17] Objective

[2.18] What To Do

IV. Decide How and When You Will Present the Evidence at Trial

[2.19] Objective

[2.20] What To Do

[2.21] How To Do It

V. Review General Rules on Objections and Claims of Privilege

[2.22] Objective

[2.23] What To Do

VI. Evaluate Your Evidence and Anticipate Objections

[2.24] Analyze Your Evidence

[2.25] Be Strategic

[2.26] Consider How To Overcome Objections

[2.27] Prepare Evidence Memos

[2.28] Prepare Trial Memos

VII. Prepare a Witness Examination Plan for Each Witness

[2.29] Objective

[2.30] What To Do

VIII. Prepare Witnesses To Testify

[2.31] Objective

[2.32] What To Do

[2.33] Plan the Preparation Session

[2.34] Organize the Practice Session

[2.35] Hold Practice Session

IX. Satisfy Pretrial Procedural Requirements

[2.36] Objective

[2.37] Witnesses’ Obligations

[2.38] Exhibit Obligations

X. [2.39] Anticipate and Resolve Logistical Difficulties

Chapter 3 — Obtain Evidence

Chapter 4 — Deal with Admissibility Issues Before Trial

Chapter 5 — Introduce Exhibits at Trial

Chapter 6 — Introduce Other Evidence Not Offered As Exhibits

Chapter 7 — Respond to Challenges to Admissibility of Your Evidence at Trial

Chapter 8 — Establish Foundations for Specific Types of Physical Evidence

Chapter 9 — Appendices

Authors

Richard L. Miller II
Richard L. Miller II
Richard 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. Mr. Miller is an Adjunct Professor at Northwestern School of Law, where he has served as an instructor for Trial Advocacy since 2005 and Advanced Trial Advocacy since 2013. He has been an arbitrator for the American Arbitration Association (since 2008), FINRA (since 2018), and the Cook County Mandatory Arbitration Program (2003 – 2005). Mr. Miller prosecuted approximately 50 jury trials as an Assistant State’s Attorney, including two murder cases. He has been repeatedly recognized as a Leading Lawyer, Super Lawyer, and Rising Star. Mr. Miller was named one of the 40 Illinois Attorneys Under Forty To Watch by the Law Bulletin Publishing Company. He is a Past President of the Law Alumni Board for the University of Illinois College of Law. Mr. Miller attended the University of Illinois College of Law on a full, merit-based scholarship and graduated cum laude. He graduated magna cum laude from the University of Illinois College of Business.

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Laying Foundations for Introducing Evidence 2022 Edition

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