The test notebook is a popular way to organize trial documents, with each section of the trial having a separate tabbed divider in a three-ring binder. The notebook includes sections for facts, pleadings, motions, discovery, jury selection, direct and cross-examination, opening and closing statements, and search and jury instructions. The notebook’s main advantage is organization and preparation, which can determine the success of a case.
The test notebook is one of the most popular methods of organizing test documents. Material used throughout a classroom process should be organized for efficient and quick reference. Consequently, it is best if each section of a trial – jury selection or voir dire, opening statements, direct examinations, cross-examination and closing statements – is organized separately.
According to the test book organization method, all materials important for each section of the test are placed in a three-ring binder. Each section of the trial has a tabbed divider so the trial attorney can quickly jump to the section and document she needs. There are many advantages to this method of organization: all key documents are in one main place, key documents cannot be lost and primary documents can be located quickly by turning to the right section of the process. In addition to the trial sections, other common sections in an evidence notebook include facts, pleadings, motions, findings, research, and instructions.
The fact section of a trial notebook should include all witness statements, reports, diagrams, and other factual materials. It also usually contains a summary page that restates the names of those people on the opposing side and the names of the opposing side’s attorneys with the phone number and address of the firm. It is extremely common to include in the fact section, a list of counts under the complaint or indictment, key facts, and also a timeline of events.
The pleadings section should contain the indictment or complaint, response, and response for each party to the legal proceeding. They should be arranged in chronological order. Sometimes, if the lawsuit is based on a specific code or statute, you need to keep a copy of it in this section as well. Likewise, the motions section will contain all pretrial motions, responses, and judge orders on said motions. They should also be kept in chronological order.
Discovery documents, such as interrogations and interrogation responses, are commonly found in the discovery section in a test notebook. Additionally, deposition abstracts may be retained with discovery papers. Abstracts are most useful if they cross specific sections of tabbed or marked copies of the same depositions. Any other discovery documents, such as production notices and responses to those notices, can also be placed chronologically among the discovery documents.
Jury selection is an important and interesting part of most trials. There should be a section dedicated to jury selection. A jury chart that records each potential juror’s basic information, such as age, occupation, and education, is extremely helpful. A checklist of questions for prospective jurors is also available in this section. Finally, when jurors are fired, the attorney can mark on the file whether they were fired for cause or simply as one of the mandatory strikes.
The lawyer should also have documents that can be used during direct and cross examinations in the evidence book. A list of each witness that will be called should be drawn on a piece of paper. It’s also helpful to include a list of exhibits that each witness will qualify. If there are few exhibits, it may be helpful to also include a copy of the exhibits in this section. Even the cross-examination notes can be kept in the binder, written on white sheets of paper with three holes.
The opening statement and closing statement sections in the notebook can be left to the choice of the attorney. For the opening statement, it can be read from a sheet that can be kept in the trial notebook or memorized. The closing statement is a conglomeration of thoughts that are used to tie the process together. Notes for the closing statement can be kept in the binder.
Search and jury instructions may also be kept in the trial notebook. Any jurisprudence, statute or other research on legal matters can be kept in one place and consulted when needed. It’s also a great place to keep jury briefs that the attorney wants to offer at the end of the trial.
The main element associated with this type of notebook is organization and preparation. Keeps important documents close at hand for the lawyer. It goes without saying that preparation can determine whether a given case will be successful.
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