The Trial Notebook: A Tried and True Tool, Still Useful in the 21st Century

By: D. Ronald Reneker
University of Houston Law Foundation
August 2009

I. SCOPE OF ARTICLE
This article covers preparation and use of the trial notebook in connection with the trial of a civil case and the reasons a trial notebook should be an essential element of your trial work.

II. THE TRIAL NOTEBOOK — THE ORGANIZATIONAL STRUCTURE FOR EFFECTIVE PREPARATION AND EXECUTION
The keys to success at trial are preparation before trial begins and execution during trial. Effective preparation involves developing a strategy for presenting the case and gathering and marshaling the materials necessary for an effective presentation. Effective execution involves carrying out the predetermined strategy and includes, not only activities in the presence of the jury (such as voir dire, opening statement, presentation of evidence), but also before the court, outside the presence of the jury (such as arguing motions in limine and other major evidentiary points, participating in the charge conference and objecting to the charge). Both effective preparation and effective execution require effective organization.

The importance of organization cannot be over-emphasized. Time is a precious commodity during trial. The court wants to move its docket and, therefore, wants the trial to be as short as possible. Accordingly, the court will look favorably on lawyers who proceed expeditiously and may consciously or unconsciously punish those who do not. For the most part, the jurors just want the trial to be over, so that they can go about their business. Thus, jurors tend to penalize lawyers who waste time at trial as the result of apparent disorganization. Applying the discipline necessary to compile a complete trial notebook encourages organization which compels effective preparation and aids effective execution.

III. CONTENTS AND ASSEMBLAGE OF THE TRIAL NOTEBOOK
A. The Raw Materials.
There is nothing high tech about assembling a trial notebook. It is all in old fashioned, tangible form. The notebook itself should be a black, three-ring binder of sufficient spine width to accommodate all of the materials that will be included (i.e., unless absolutely necessary, no two-volume trial notebooks). The materials in the notebook should be separated by dividers, with one for each category of materials to be included, labeled as appropriate. As we shall see, in some instances, there will be sub-dividers to separate certain materials which are within a broader category. The idea is for the lawyer to be able to flip to the desired materials without having to do any noticeable searching.

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