NALA ACP Trial Practice cheat sheet

Paralegal trial role boundary: a paralegal may interview witnesses, organize exhibits, prepare trial notebooks, and coordinate logistics, but may not give legal advice, set fees, or appear in court on behalf of a client except where a tribunal's rules expressly permit nonlawyer representation.

Federal civil jury demand: under FRCP 38(b) a party must serve a written jury demand no later than 14 days after service of the last pleading directed to the issue; failure waives the jury right for that issue under FRCP 38(d).

Federal pretrial disclosure: FRCP 26(a)(3) requires disclosure of witnesses, deposition designations, and exhibits at least 30 days before trial, with objections due within 14 days after the disclosure.

Rule 26(a)(3) does not apply in a case tried to the court alone; the court may still order equivalent pretrial disclosures by scheduling order.

Subpoena trial attendance: FRCP 45 subpoenas command attendance at a stated time and place; a party or party's officer must be subpoenaed to compel trial testimony, while nonparties may be compelled by subpoena with witness fees and mileage tendered.

Hearsay definition: FRE 801(c) - an out-of-court statement offered to prove the truth of the matter asserted; non-hearsay uses include impeachment by prior inconsistent statement, effect on the listener, and verbal acts with independent legal significance.

Best evidence rule: FRE 1002 requires the original writing, recording, or photograph to prove its content unless an exception in FRE 1003-1004 applies (secondary evidence, lost or destroyed originals, or originals not obtainable).

Exhibit authentication: FRE 901(a) requires evidence sufficient to support a finding that the item is what the proponent claims; common methods include witness with knowledge, distinctive characteristics, and process or system.

Trial notebook order commonly used: case summary, witness list with contact and expected testimony, exhibit list with authentication witnesses, voir dire questions, opening statement outline, direct and cross outlines, jury instructions, verdict form, and post-trial motions checklist.

Voir dire peremptory challenges: Batson v. Kentucky and J.E.B. v. Alabama bar strikes based on race or gender; a party objecting must make a prima facie showing, after which the striking party must offer a neutral explanation.

Opening statement is not evidence and is limited to what counsel expects the evidence will show; argument on the facts is generally reserved for closing.

Direct examination generally may not use leading questions under FRE 611(c) except for preliminary matters, hostile witnesses, or adverse parties; cross-examination ordinarily permits leading questions.

FRE 615 witness sequestration: on request the court must exclude witnesses so they cannot hear other testimony, but may not exclude a party, an officer or employee of a party, or a person essential to presenting the case.

Jury instructions: parties may request instructions and object on the record before the jury is charged; under FRCP 51(d) failure to object timely forfeits appellate review except for plain error.

Directed verdict / judgment as a matter of law: under FRCP 50(a) a party may move after the opposing party has been fully heard on an issue and before the case is submitted to the jury; renewal under FRCP 50(b) must occur within 28 days after entry of judgment.

Offer of proof: when the court excludes evidence, FRE 103(a)(2) requires the substance of the evidence be made known by offer or by an avowal to preserve the error on appeal.