A trial is the dramatic apex of the litigation process. This is where both sides put all their cards on the table and let the trier of fact decide. While a trial can be exciting, it also requires an enormous amount of hard work and preparation. This is why having a trial preparation checklist, strategy—and the right tools—is critical.
A trial preparation checklist can help you and your litigation team stay on track. Let’s explore what a sample checklist for the vigilant litigator might look like, along with other insights into trial readiness.
During a lead-up to trial and the trial itself, it can be difficult to access key information on the go. To have case information at your fingertips, whether you are heading into court or running in and out of the office, try Clio Manage and see how this cloud-based practice management tool can simplify your trial work.
Trial preparation and procedure explained
Handling a trial goes far beyond the trial itself. In the weeks and months leading up to a trial, you will have to embark on the arduous journey of trial preparation. The good news is that effective preparation will make the trial itself more streamlined and increase your chances of success.
The first stage of trial preparation is devising your overall case strategy, including your theory of the case and theme for trial. Then you need to identify and gather the evidence you will need to win your case, which includes witnesses (both fact and expert), written materials, and physical evidence. Your witnesses will need preparation, you will need examination outlines for both friendly and hostile witnesses, and you should plan on your likely trial objections.
Another aspect of trial preparation is dealing with opposing counsel and the court prior to trial. Both you and opposing counsel may be making pre-trial motions, such as motions in limine or motions for bifurcation of trial, and attending hearings on those motions. For jury trials, you will need to submit proposed jury instructions and plan your juror selection strategy, and the judge will likely require trial briefs.
What happens during a trial?
During a trial, both sides present their case before a judge or jury, starting with opening statements that outline each party’s theory of the case. This is followed by the presentation of evidence, including witness testimony and exhibits, with opportunities for cross-examination. Legal arguments and objections occur throughout. After closing arguments, the judge or jury deliberates and delivers a verdict.
Step-by-step breakdown of the trial process in court
Once past the pre-trial stage, the trial process in court generally proceeds as follows.
Jury selection (if applicable)
In the case of a jury trial, the trial process begins with jury selection. In addition to having your questions ready for the jurors, be prepared to object if opposing counsel does anything improper, such as arguing the case or misleading potential jurors. You will also need to keep track of your available peremptory challenges and object to their improper use by the other side, such as making challenges based on race or gender.
Opening statements
Your opening statement is your first opportunity to lay out your theory of the case for the trier of fact, whether that is a judge or jury. Be on guard for misbehavior by the other side in their opening statement. Stand ready to object if they veer into argument or false presentation of facts.
Presentation of evidence
Presentation of evidence is the real meat of trial, where both sides actually seek to prove their theories of the case. The parties will present fact witness testimony, and most cases will also require expert witnesses. The attorneys will also present written and physical evidence in the form of exhibits, often with visual aids such as charts or diagrams.
Voir dires
Voir dires can arise at multiple stages of trial as a way to assess the admissibility of evidence or the qualifications of a witness (especially experts). For example, you may request a voir dire to question an expert’s credentials before they testify in front of a jury, or to evaluate whether certain evidence should be admitted. Be prepared to handle these examinations on the fly, with questions and objections ready, and know the legal standards that apply. Advance preparation is key to using voir dires strategically and protecting the record for appeal.
Closing arguments
Closing argument is your opportunity to make the strongest argument possible to win your case based on all the evidence presented at trial. Be sure to emphasize your theory of the case, but also address any potentially effective arguments by your opponent and counter them as needed.
Jury deliberations or judge’s decision
Once closing arguments are done, the case generally comes down to awaiting the decision from the judge or jury. For a jury trial, make note of any requests or questions from the jurors during their deliberations. In addition to responding to those requests in a way that does not harm your case, you may need these as support for post-trial motions or appeal if the jury does not render a favorable verdict.
How long do most court trials take?
Most court trials will last no longer than a week or two, but complex cases can take several weeks or even many months.
Typical challenges faced during the trial process
The trial process involves many moving parts and gives rise to some common challenges:
- Missed deadlines. Missing a deadline for court filings or exhibits could not only harm your case, it could lead to malpractice exposure. Legal calendaring software can play a critical role here.
- Poor witness preparation. Fact or expert witnesses who are poorly prepared and testify accordingly can sink your case.
- Disorganized case files. Not being prepared or organized can hamper your efficiency and lead to other mistakes, such as the ones outlined here.
- Overlooked court-specific procedural rules. Many courts will have their own rules for trial procedures, requiring thorough research and precise calendaring.
- Poor internal communication. The legal team needs to stay on the same page, often requiring cloud-based software tools to do so.
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Trial preparation checklist
While the following steps do not need to be performed in this exact order, this is a general timeline of what needs to be completed prior to trial:
- Secure fact and expert witnesses. Identify all witnesses you will need at trial and ensure their availability. Ensure you have properly designated expert witnesses.
- Consider technology needed at trial. Decide on the technology you will be using for trial presentation, as well as collaboration with others on the trial team.
- Prepare exhibits and visual aids. You will need exhibits and visual aids, such as maps, charts, and diagrams. Be sure these can be presented with your chosen trial tech.
- Prepare witnesses for testimony. Meet with your fact and expert witnesses to prepare for their testimony, with an aim toward minimizing the unexpected.
- Pre-trial motions. Consider any pre-trial motions that may be required, such as excluding overly prejudicial information, and respond to your opponent’s motions.
- Prepare jury instructions. Expect some back-and-forth with the court and opposing counsel over the proper instructions.
- Assemble trial binder. Your binder should include key deadlines and courtroom logistics, in order to ensure a smooth day during each day of trial.
- Draft opening statement and closing argument outline. Your opening statement should be a preview of your closing argument, but it may be difficult to prepare a final draft of your closing until all the evidence has been presented.
Trial preparation checklist for paralegals
While attorneys focus on courtroom strategy, paralegals ensure every document, exhibit, and logistical detail is ready to go. From managing timelines to wrangling witnesses, this trial preparation checklist for paralegals outlines the core responsibilities they should tackle (or assist with) to keep the trial team running smoothly.
- Organize and maintain case files. Ensure all pleadings, discovery documents, court orders, and correspondence are current, indexed, and accessible—both digitally and in hard copy. Assemble a complete, tabbed trial binder for in-court use.
- Track deadlines and procedural rules. Monitor all pre-trial and trial-related deadlines, including court-specific requirements (Clio’s Court Rules feature does this for you). Double-check compliance with local rules regarding exhibit exchange, filings, and courtroom procedures.
- Coordinate witnesses. Confirm availability and contact information for all fact and expert witnesses. Schedule prep sessions with attorneys and ensure logistical details like travel or video access are arranged.
- Assist with exhibit preparation. Label and organize all exhibits in trial order. Prepare exhibit lists, confirm admissibility status, and coordinate demonstratives or visual aids needed during trial.
- Draft supporting documents. Help draft or finalize materials such as witness lists, exhibit lists, subpoenas, and affidavits. Review formatting and citations to ensure compliance with court rules.
- Manage courtroom logistics. Reserve trial technology (e.g., monitors, projectors), prepare a “go bag” with supplies (exhibit stickers, stationery, chargers), and confirm any special courtroom access or delivery needs.
- Provide trial-day support. Be ready to assist in real time—whether it’s retrieving documents, updating outlines, tracking objections, or supporting last-minute filings. Stay aligned with the attorney’s courtroom strategy and communication needs.
The role of each team member in trial preparation
A legal team will have various roles to be filled in the course of trial preparation:
- Attorneys are in charge of overall legal strategy, court appearances, trial presentation, and formulating arguments for the court and jury.
- Paralegals are typically in charge of file organization, logistics, and discovery support.
- Legal assistants are responsible for scheduling, communication, and any court filings not done by the in-court legal team.
- Expert witnesses need to be available for preparation and the trial testimony itself.
- Clients need to prepare as well — possibly for their own testimony, but also for their own demeanor in court (the judge and jury are always watching and picking up clues, subconscious or otherwise).
Best practices for attorneys and legal teams
Attorneys and their legal teams can follow some preferred practices for trial work.
Encourage trial team collaboration
Make sure your entire trial team is staying on the same page. This can be easier said than done, when attorneys and other staff members may be in court, with others working remotely or in the office. Accordingly, the right communication tools are critical.
Plan for different scenarios
Trial is unpredictable, which means you need to plan for alternate circumstances as much as possible. How will your case strategy change if the judge fails to exclude harmful evidence that hurts your case? How will you handle a friendly witness who could potentially turn hostile on the stand? If you can foresee different paths, plan for all the potential outcomes before trial.
Employ legal technology
A variety of legal technologies can help trial work immensely. Case management software can keep your cases organized throughout the life of a case, including during trial. Document automation tools can streamline drafting when you are in a time crunch, such as needing to oppose a motion for directed verdict on short notice. Secure client portals can let you and your critical remain in close, confidential communication during a critical time.
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Conclusion
Remember that preparation is key for trial success. While this checklist can serve as a starting point, attorneys and their legal support teams should adapt these guidelines to their specific case types.
When you are ready to make full use of technology, practice management software can streamline your trial practice. Clio Manage is a cloud-based option that can manage your trial activities while keeping your firm running smoothly.
What is a trial preparation checklist?
A trial preparation checklist is a list of essential tasks to be completed in the time leading up to trial.
What are the steps of a trial process?
For jury trials, trial begins with jury selection. Then come the parties’ opening statements, their presentation of evidence through witnesses and exhibits, and closing arguments.
What should I expect on the first day of trial?
Attorneys generally make their opening statements on the first day of trial. For jury trials, opening statements will not commence until jury selection is finished and a jury empanelled.
What should be in a trial binder?
A trial binder should contain essential information that should be at the trial team’s fingertips at the courthouse, such as witness names and contact information, key pleadings or documents, and examination outlines for that day’s witnesses.
What is the first step in trial preparation?
The first step in trial preparation is determining your theory of the case, i.e., why your client should win. All your other preparations will flow from here.
We published this blog post in June 2025. Last updated: .
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