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Trail Procedures

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  • Trail Procedures

    Hi there,

    I have some basic questions for someone who has been to a trial recently. I have some time setup with my lawyer also, but want to be efficient with billable hours.

    1) Are you allowed to bring a laptop? I’m not sure how else to carry thousands of pages of documents there.
    2) Do people really bring four copies of documents they want to share as exhibits even though their exhibits are uploaded onto caselines?
    3) Is my understanding correct that if the TSEF calls for no additional witnesses without leave and for exhibits to be provided x days before trial, then there should be no other evidence admitted? Or are people allowed to spring up surprise documents in the middle of the trial or cross examination?
    4) If the opponent is intentionally serving documents (13.1, 35.1, request to admit, etc) without signature and date, will they be admitted?
    5) Does anyone know a good online reference for what the structure of an opening statement looks like?

    Thanks I’m advance!

  • #2
    My trials were pre-covid, so no experience with anything online. If everything was served and filed online only, then I would presume everyone would be working off a laptop at trial.

    1- I used luggage with wheels to carry all the files each day to trial.

    2- You would normally only bring 4 copies of new evidence. But if everything is online and I wanted to continue despite a system downage, I would have the physical document brief ready.

    3- You can still submit new evidence at trial if there was a reasonable excuse why it wasn't available earlier, or moreso it can be anything you already knew about or had access to (emails, agreements, documents, texts, etc).

    4- Don't see why they wouldn't be admitted and questioned. The extras (date, signature) is less important to the actual details in the documents.

    5- Focus on the purpose of your opening statement. You're not trying to prove anything. Just give the judge a quick overview of why you're here, what you'll prove, witnesses if any, and what you want.


    • #3
      I think OP may also be worried about the other side springing documents on them and the answer is no. Even if the material was of value to the case, there would more than likely be a recess or adjournment to give all parties the opportunity to review and/or your lawyer would be able to object to new evidence that has little to do with the case.


      • #4
        Originally posted by rockscan View Post
        I think OP may also be worried about the other side springing documents on them and the answer is no. Even if the material was of value to the case,
        Not at all. It happens often at trial!

        My apologies to InsideOut for the misleading information as some believe the rules are different for each party. You'll have your document brief for all, then there's some evidence you'll hold on to for questioning. Once they start talking, lying, "don't remember"... new evidence can be introduced. Same for updated statements, employment letters, appraisals, etc... will all be accepted.
        Last edited by StillPaying; 05-05-2023, 01:15 PM.


        • #5
          Thank you for taking the time to respond.

          My lawyer said it's allowed to bring a laptop.

          Also said that even now it's common to bring a lot of documents.


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