How do I organize a Trial Binder?

Asked by Rachelm209 {57}
8/12/2010 11:06:47 AM

What is your format when putting together a Trial Binder?

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Answered by Rachelm209 {57}
8/12/2010 1:37:47 PM

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I'm looking for suggestions. I do the usual..Binder 1) pleadings, Binder 2) Deposition Transcripts, Binder 3) Exhibits....

I'm looking for suggestions on the trial binder which includes subpoenas and briefs etc..

Are you using technology? Then an actual notebook may be moot...if not, ask the attorney first what their preference is for format, or ask another paralegal who has gone to trial with that attorney before. Usually, the exhibits are separate from discovery, motions, etc. and I normally have a separate file or notebook for each key witness, with their exhibits included. - ArizonaRP 8/14/2010 11:12:02 PM | Flag

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Answered by Michelle Schwartz Moran {15}
8/12/2010 6:13:33 PM

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We have all of the exhibits in a separate exhibit notebook, all indexed and marked for the court. In the trial notebook, I have: motions in limine/oppositions/rulings; subpoenas/agreements to appear; witness list; exhibit list; copy of the opening statement (just in case); copy of the exam lines for each witness (although the attorney has the exam lines in individual witness folders as well); trial briefs; statement of damages; and any other document that I think that I might need as the trial goes along. Obvioualy there may be additional documents depending on the type of case.

We keep our pleadings in their original file folders and bring the entire litigation file with us in boxes. You never know when you may need a letter you received 6 months ago where the opposing counsel agrees that they will not be using certain evidence at trial.

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	Comments from Facebook
		Lisa Cambray Those are not the easiest things to put together, but they are not terribly difficult either! Thursday, August 12, 2010

		Michelle Moran I posted my response on filestack.org. Thursday, August 12, 2010

		Michelle Rascon all it is -is indexing, not the hardest part of the job! Thursday, August 12, 2010

		Antonette Iacono I love this page. I wish we had it when I started 35 years ago! Thursday, August 12, 2010

		Angel Irizarry Pretty easy, just time consuming. Thursday, August 12, 2010

		Lori Pittman Depends on what type of trial. Always include a copy of the Complaint and Answer, Interrogatories and Answers, Depositions, Exhibits. Indexing is everything. But it is not hard to do. When I did education law and alot of federal court stuff at my other job, my boss had a system and I was 100% in charge of getting the trial binder ready. My current boss pulls all the original documents [YIKES] and puts them in order and then I set up the binder with tabs that say what each item is. I prefer Thursday, August 12, 2010

		Kelly Atherton Ask the attorney!! They all like it different. Thursday, August 12, 2010

		Linda Landrum Start early - as soon as you suspect a trial - I put the originals in the trial notebook, copies for the attorney to review, mark-up. All in date order to start, discovery in separate binders - indexing is the key to the whole thing - that and post-its `til you get the final product. Thursday, August 12, 2010

		Melissa Wyatt I do the same as you lori an it is time consuming...and a lot less organized...we usually don`t get ours done until day or two before trial!! Thursday, August 12, 2010

		Cynthia Gregory I NEVER put the original in the trial binder...always copies...I make an index and each item has a tab number...its pretty easy Thursday, August 12, 2010

		Sherrie Coke Trial binders get copies. Never use the originals. I start a binder at the beginning of a litigation case and then rearrange it a few days before trial. I do a separate binder for exhibits. Thursday, August 12, 2010

		Bridgette Davis Never let Attorneys near originals... lol!!! Thursday, August 12, 2010

		Jennifer Constantino They can`t handle the originals.....LOL. Thursday, August 12, 2010

		Rachel Aguilar Thanks everyone!! **This was my question on filestack. I`m putting it together now...Trial next wednesday. It is time consuming. I was just wondering the basics. I`m doing 3 binders. 1-Trial Binder/Pleadings, subpeonas, witness list. 2-Deposition Transcrpits and 3-Exhibits. Thursday, August 12, 2010

		Joyce Williams Titus I just finished 2 weeks of trial prep. I`m emotionally and physically exhausted. Can I actually call into work exhausted? Friday, August 13, 2010

		Peggy Blake We also include expert reports and CV`s in our main binder and have a binder for pre-trial motions and supporting case law. We use Sanctions for our depo excerpts and exhibits that we want to show the jury during any testimony questioning so we have a notebook for those exhibits, in order of the questioning (as much as we can since questioning hardly ever stays in order). Friday, August 13, 2010

		Mercy Vives Indexing is the worst part, but if you start putting your exhibits, depost, discovery etc from the beginning of the case, it is very simple. Get the minis of your depos for the trial file Friday, August 13, 2010

		Lynn LaBier I am starting a temp part-time job after being laid off for two years. It will be discovery intensive. I would appreciate everyone`s imput on how things have changed. Do we still send copies to everyone? Do you just file a discovery notice and serve the defense counsel. Any information you could give me would be greatly appreciated. I need to know what I am doing if I want this job to work out into a permanent job. Thank you so very much. Friday, August 13, 2010

		Lisa Sholette Lewandowski Speaking of not putting originals in a trial binder - I work for an expert and am amazed how many times I receive the attorney`s original documents for review. When I worked for an attorney - only copies were sent anywhere. We also create trial binders - and the most difficult part I find is that most times we are still receiving documents for review - just days before trial. Saturday, August 14, 2010

		Carmen McCoy If you are sending out interrogatories and requests for production of documents, you send it to opposing counsel who is representing the party and copy anyone else who has entered an appearance. We file the certificate of service only with the court. This is what is done in state court. Federal court you can electronically file the certificate of service. Be sure to calendar thirty days plus three for mailing, if you mail, for their answers/responses and/or objections. It sounds like you hav Saturday, August 14, 2010

		Lynn LaBier What if you are the plaintiff and there are five defense counsel all serving you with interrogatories and request for production and you are swamped by this paper trail. What do you do then. Saturday, August 14, 2010

		Sherri Harriman The only thing you can do is diary the deadlines - being the plaintiff has its downfalls, but it is the plaintiff`s job to prove their case, so answering discovery from all defendants is inevitable. Saturday, August 14, 2010

		Nadine Romanyshyn Lynn, would it help if you set up a separate binder for each defendant and categorize your incoming documents that way? Thursday, August 19, 2010