Make a trial book
You'll need
- A three-ring binder (1-inch is a good size)
- Four dividers
- Blank paper
- A computer or a pen
- A hole punch
Create sections in your binder
Label four dividers to create these sections:
- Trial Preparation Worksheet
- Your evidence
- Cross-examination
- Your summary
1. Trial Preparation Worksheet
To prepare a Trial Preparation Worksheet, divide a sheet of paper into three columns:
- List the points you must prove at trial in Column 1.
- In Column 2, list the evidence you're going to use at trial to prove those points.
- In Column 3, write additional notes, like how you're going to present the evidence.
For example:
| What I need to prove | Evidence I'll use | Notes |
|---|---|---|
| Ex-spouse's income | Financial Statements | Document — introduce when ex-spouse is testifying |
| Special expenses | Receipts from dance classes | Document — introduce through my testimony |
| Where children live | Oral evidence | My testimony and testimony of my mother |
| Selling of assets | Transcript from examination for discovery | Document — introduced through my testimony |
You can now use the Trial Preparation Worksheet as a checklist to be sure that you gather and prepare everything you need for trial.
2. Your evidence
There are two parts to your evidence: witness testimony and documents.
Witness testimony
This is the evidence you're going to put in front of the court through what you and your witnesses say. For this section of your trial book, make a plan for questioning witnesses and giving your own testimony:
- Look at your Trial Preparation Worksheet. Make a list of the facts you're going to prove through your own testimony or the testimony of a witness.
- Make a separate page for each witness (including you). At the top of the page, write the witness's contact information and the day they're going to testify. Then, make a detailed list of questions you'll ask each witness. (See Sample questions to ask your own witnesses at a Supreme Court trial for more information about what types of questions you can ask witnesses.)
- For your own testimony, write a detailed list of what you want to say. Your first point will be a short statement about why you're in court (such as, "I'm applying for orders for child support, spousal support, division of property, and divorce.").
Review your questions with your witnesses before the trial. It's important that you know the answers your witnesses will give, to avoid surprises or confusion at trial. But you mustn't coach your witnesses on how to answer the questions.
Documents
On a sheet of paper, list all the documents you plan to introduce into evidence at trial. Note which witness will identify each document (unless you and the other person have agreed that the document can be introduced). You'll be putting together a separate book of documents that contains the documents themselves, so also note the tab number where each document can be found in that book of documents. Listed documents can include affidavits, financial statements, letters, photographs, receipts, or reports.
3. Cross-examination
A cross-examination is when one person asks questions of the other person and their witnesses. You'll know ahead of time what witnesses the other side will be calling.
Make a separate page for each of the other person's witnesses (including the other person). List the questions you want to ask them when it's your turn to cross-examine. You'll probably think of new questions during the trial, so add those as you go along. See Sample questions to ask when cross-examining witnesses at a Supreme Court trial for tips on cross-examining witnesses.
4. Your summary
After all the evidence on both sides has been heard, you'll make your closing argument. This is a summary (a short version) of your evidence and how it supports your claims. It's also the time for any legal arguments you want to make (for example, about precedents). This is your final opportunity to convince the judge to make the order you want. The other person gets a chance to do this as well.
Put a copy of your Trial Preparation Worksheet in the summary section of your trial book. Take notes on it during the trial and use it as a guide when you sum up your case for the judge by describing:
- what you had to prove, and
- what evidence you gave to prove it.