Paralegal Section MCLE Meeting DCBA Bar Center Date: November 8, 2017 11:45 AM Noon Welcome/Introductions Mary Gaertner, Section Chair Noon 1:00 PM Program 100 Days to Trial Bradley Pollock, Taxman, Pollock, Murray & Bekkerman, LLC Speaker s Bio See attached Presentation Description Working together as a paralegal/lawyer team to effectively prepare for a jury trial. Next Meeting: DCBA Events: TBD 11/9/2017 DCBA/DAWL Veterans Day Lunch & CLE conference ARC @ noon 11/16/2017 Lawyers Lending a Hand-Annual Coat Sorting Bar Center @ 5:00 p.m. 11/16/2017 Happy Hour Granite City, Naperville @ 5:30 p.m. 12/1 & 12/8/2017 Basic Skills @ARC from noon to 5:00 p.m.
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100 Days to Trial Presented to: DCBA Paralegal Committee November 8, 2017 PRESENTED BY: BRADLEY N. POLLOCK TAXMAN, POLLOCK, MURRAY & BEKKERMAN, LLC 225 W. WACKER DR. SUITE 1750 CHICAGO, IL 60606 1001 WARRENVILLE RD. SUITE 500 LISLE, IL 60532 P (312) 586 1700 F (312) 586 1701 Sources of Important Rules & Deadlines Illinois Code of Civil Procedure (735 ILCS 5/2 et seq.) Illinois Supreme Court Rules Local Rules of the Court (by Circuit) Judge s Standing Orders Orders Entered in the Case 1
Important Deadlines Dispositive Motions DuPage County Local Rule 6.04(a) All case or claim dispositive motions, other than motions arising during the course of trial, shall be filed no later than sixty three (63) days before the scheduled trial date, except by prior leave of court and for good cause shown. Important Deadlines Dispositive Motions Other Counties Cook County Local Rule 2.1(f) Dispositive motions 45 days before trial date Will County Local Rule 4.04(D) Dispositive motions 60 days before trial date Kane County Local Rule 6.06(a) Dispositive motions 120 days before trial date 2
Important Deadlines 60 Day Rule IL Sup Ct. Rule 218(c) Discovery Cut Off All dates set for the disclosure of witnesses, including rebuttal witnesses, and the completion of discovery shall be chosen to ensure that discovery will be completed not later than 60 days before the date on which the trial court reasonably anticipates that trial will commence, unless otherwise agreed by the parties. Important Deadlines Keeping Track of Deadlines Know Your Important Deadlines Early Calendar Important Deadlines with Warnings Utilize Case Management Software to Assist with Protecting Important Deadlines Team Approach with Deadlines 3
Preparing for the 60 day Cut Off Knowing the File Working with your client Review every paper and electronic document in the file Do any pleadings need to be amended? Review discovery answers and disclosures Review your opponent s discovery answers and disclosures Preparing for the 60 day Cut Off Evidence What is your evidence going to be? Witnesses Documentary evidence Demonstrative evidence Is there anything you need to update your opposing counsel about (e.g., recent medical treatment, new bills, etc.)? 4
Preparing for the 60 day Cut Off Foundation for Admission of Evidence What is your plan for getting documentary or demonstrative exhibits into evidence? Witness testimony Stipulation Rule 216 request Illinois Rule of Evidence 902(11) certification Are there any foundational witnesses that need to be disclosed? Preparing for the 60 day Cut Off Witnesses Disclosures Do your 213(f) disclosures cover what you need to prove? All elements of damages covered? Are your 213(f) disclosures recent enough? Up to date? Is every witness you may call listed in your 213(f) disclosures? 5
Preparing for the 60 day Cut Off Updating Information Anything new you need to send to experts for review? Are your itemizations/compilations up to date? Anything you need withdraw (e.g., witnesses, unrelated medical claims, etc.)? Develop a Plan of Action Schedule a meeting for your trial team early Discuss what needs to be done on the case Delegate who is going to do what When do tasks need to be done, or started? Schedule additional meetings of the team to stay on track Ensures that decisions get made Accountability for tasks 6
Develop a Plan of Action Trial schedule and logistics Who is going to testify when? Contacting witnesses Let them know the trial date Let them know what will be expected of them Find out their availability and flexibility Get contact information cell phone # Schedule pre trial meetings with: Client Witnesses Experts Develop a Plan of Action Travel Arrangements Do travel arrangements need to be made for certain witnesses? Do travel arrangements need to be made for attorneys to get to evidence depositions? 7
Develop a Plan of Action Trial File Organization Trial notebooks Exhibits Deposition Indexes Jury Instructions Motions in Limine Legal Research Creating Trial Notebooks Turn the office file into the trial file Early opportunity to find and make sure you have all important documents organized Kinds of trial notebooks Organizing a trial notebook What do you need to give to opposing counsel and the judge? 8
Witnesses Preparation Identify who is going to testify Create witness list Notify witnesses about the trial Issue subpoenas to witnesses who need them Some witnesses may be covered by Rule 237 Serving subpoenas on witnesses Witness fees and mileage Let some witnesses know subpoenas are coming Witnesses Preparation The benefits of preparing early with your client Helps you understand the case Self imposed deadlines Developing a theme for the case Getting help from the clients Find out how much addition preparation the client needs 9
Witnesses Preparation Meeting with your witness Set up several meetings Explain to the client what to expect from trial, and what to expect as a witness Give client any documents that may be important: Deposition transcripts Interrogatory answers Medical records Photographs Witnesses Preparation Evidence Depositions How will the evidence deposition testimony be presented? Read by judge in a non jury trial Read orally by reader Presented by videotape Reader should read the deposition in advance and practice 10
Witnesses Work with court reporter and videographer Can your videographer edit the video? Watch the unedited video Editing objections and testimony When can you expect rulings on the objections? What is the video editor s timeline for doing this? How will you let the editor know what to edit? How will you get the edited video? Courtroom Technology What kind of technology will be needed? What kind of technology does the courtroom have? Do you need to do anything to get the right technology to the courtroom? What is the judge s preference for how it is displayed? Practice, Practice, Practice 11
Trial Scheduling and Logistics Scheduling witnesses is one of the most difficult tasks of trial Think about the trial schedule early, and find out who can be flexible Schedule around your expert witnesses and independent witnesses Things never go as planned, so tell your witnesses to expect this Trial Scheduling and Logistics The importance of continuous follow up Make sure your witnesses know where to be: Courthouse address Courtroom number What time to be there Will somebody meet them? They can t sit in while other witnesses are testifying Don t bring a cell phone to DuPage County 12
Conclusion Taxman, Pollock, Murray & Bekkerman, LLC / Chicago Lisle 13