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Table of Contents

List of Forms by Chapter

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

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Laying Foundations for Introducing Evidence 2022 Edition

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