Part of being a DUI attorney is preparing for trial. Unlike many other areas of the law, the DUI attorney has to be an expert in all three phases of the game. Negotiation skills, research and writing skills, and trial preparation. Most lawyers can go their entire career without going to trial. However, an accomplished and experienced DUI attorney will carry out numerous trials throughout their career.
Part of preparing for trial is writing a trial notebook. For those of you who are not familiar with what a test laptop is. It’s a notebook, usually a three-ring binder that contains everything you need to successfully litigate in a jury trial. This article will discuss how to create one, what the relevant parts are, and how to use it effectively.
To create a test notebook, all you need is a three-ring binder. Some page dividers. And some labels. You need enough page dividers and labels for each relevant part of the jury trial. I like to divide my trial notebook into the following categories: Motions in Limine, Briefs, Discovery, Exhibits, Voir Dire, Opening Statement, Prosecution Witnesses, Defense Witnesses, Closing Argument, Jury Instructions. This is what I include in each section.
Lime Motions: These are pre-trial motions that describe the rules of the trial. They can include things like limiting testimony, excluding witnesses from the courtroom, opposing counsel restrictions, etc.
Briefs: This section contains longer motions that are not “in limine” motions. For example, a motion to suppress a breath test or a motion to dismiss a probable case. Usually these are litigated before trial, but I always carry them with me.
Discovery: Depending on the complexity of the case, this could be your own binder. But in your typical DUI case, it would only contain the police report.
Exhibits: Again, this could be your own folder, but in your typical DUI any exhibits would be quite small.
See Dire: These are the questions that I have previously planned for the selection of my jury. I also contain an Ideal Jury Characteristics Sheet, along with relevant jurisprudence for jury selection.
Opening Statement: I am including a one-page summary of my opening, along with the actual written version.
Witnesses: This is the cross-examination or direct examination of witnesses.
Closing argument: I am again including a one page summary, along with the actual written version.
Jury Instructions: Depending on the amount of jury instructions you have, this could be a few pages or 20-30 pages.
Part of preparing for trial is organizing your thoughts, arguments, and documents needed for trial. A trial notebook does all of this and allows you to start thinking about your case long before trial eve.
