Trial Advocacy Syllabus/Assignments

Fall 2008 Dutton/Van Wart

9/29/08

Trial Practice: Strategy and Advocacy

9/29/08	Initial Litigation Considerations and Building The Trial Story Mauet, Chapters 1, 2 & 11
10/6/08	Depositions Mauet, Chapters §§ 5.12, 7.7, 10 FRCP 30-33 Problems: 1. Plaintiff: Prepare outline and prepare to depose either J. O'Leary, P. Bauler, P. Hopkins or L. Noyes. 2. City: Prepare outline and prepare to depose either P. Hopkins, L. Noyes, G. Griffin, or M. Clarke. 3. Northwest: Prepare outline and prepare to depose either G. Griffen, M. Clarke, P. Bauler or J. O'Leary
10/13/08	Opening Statements Mauet, Chapters 2, 4 & 11 Problems: 1. Plaintiff: Give opening statement (15 minutes) for plaintiff 2. City: Give opening statement for City 3. Northwest: Give opening statement for Northwest
10/20/08	--call back days, no class --

10/27/08	Witness Examinations Mauet, Chapters 5, 6, 7 & 11 FRCP 26, 33-36 FRE 803(6)-(7) Problems: 1. Plaintiff: Prepare direct examination for one of plaintiff's fact witness. 2. City: Prepare direct examination for one of the City's fact witnesses. 3. Northwest: Prepare direct examination for one of the Northwest fact witnesses.
11/3/08	Witness Examinations (cont.) Mauet, Chapters 5, 6, 7 & 11 FRE 702, 703 Problems: 1. Plaintiff: Prepare direct examination of plaintiff's expert, R. Bushel 2. City: Prepare direct examination of City's expert, G. Sweet. 3. Northwest: Prepare direct examination of Northwest's expert, J. Outlander.

11/10/08	Witness Examinations (cont.) Mauet, Chapters 5, 6, 7 & 11 Problems: 1. Plaintiff: Prepare cross examination of defense witness 2. City: Prepare cross examination of plaintiff or Northwest witness. 3. Northwest: Prepare cross examination of plaintiff or City witness.
11/17/08	Closing Arguments Mauet, Chapters 2 & 9 Problems: 1. Plaintiff: Prepare closing argument for plaintiff. 2. City: Prepare closing argument for City. 3. Northwest: Prepare closing argument for Northwest.
11/10 - 11/24 (Specific date(s) TBD)	Trials Mauet, Chapter 11
12/01/08	Post-trial Motions and Procedures

Course Requirements
Class Attendance and Participation		30%
Writing Assignments		30%
Trial		40%

Writing Assignments:

Major (15 pages)

Choice of:

• Trial Brief (due 11/17/08)
  

• Brief to exclude expert (due 11/17/08)
  
• Post-Trial Brief (due 12/01/08)
  
  

Minor (3-5 pages)

Choose two:

• Prepare memo to partner on trial themes
  
• Draft Rule 26.1 disclosure
  

• Draft discovery (request for production, interrogatories, requests for admission) to other side
  
  • Prepare motion in limine to exclude evidence
    
  • Prepare additional demonstrative exhibits for use at trial
    
  • Prepare bench memo on important legal issue for trial
    
  • Other ideas will be considered
    

Lecturer Contact Information
Thomas E. Dutton 312-476-5057 duttont@gtlaw.com	Kevin T. Van Wart 312-861-2130 kvanwart@kirkland.com