The Trial Preparation and Jury Selection Toolkit

Litigation > Trial Practice and Juries | Published 25 June 2025 - Updated 8 August 2026 | UpLaw - uplaw.us

What Is in This Toolkit

Thirteen working documents plus reference tables, in the order a trial uses them.

The doctrine is in trial practice and juries. The narrative orientation is twelve strangers and a story. The sequenced preparation is in preparing a case for trial.

Decision Map

Situation	Instrument	Also read
Trial date set	One-page trial plan (Form 1)	Preparing for trial: a pretrial order and trial readiness checklist
Pretrial submission due	Pretrial order outline (Form 2)	Federal civil trial practice
Evidence that must not be heard	Motion in limine (Form 3)	Guide, Part 2
Exhibits to admit	Exhibit chart and foundations (Form 4)	Getting website evidence admitted
Business records	Certification request (Form 5)	Guide, Part 6
Witnesses to prepare	Preparation memorandum (Form 6)	Retaining, disclosing, and challenging an expert witness
Jury selection	Question bank (Form 7) and strike record (Form 8)	Guide, Parts 3 and 4
Instruction conference	Instruction worksheet (Form 9)	Guide, Part 11
Verdict	Verdict form template (Form 10)	Guide, Part 12
Close of evidence	Rule 50 outline (Form 11)	Damages and remedies
During testimony	Objections grid (Form 12)	Guide, Part 9
Final argument	Closing outline (Form 13)	Civil appeals

The Trial Notebook Index

1. One-page trial plan (Form 1)
2. Pretrial order, with claims and stipulations highlighted
3. In limine rulings, one line each
4. Voir dire (Form 7) and seating chart
5. Strike record sheet (Form 8)
6. Opening outline 7–N. One tab per witness: outline, exhibits in order with foundation scripts, anticipated objections with authority, impeachment materials by page and line, deposition designations N+1. Exhibit chart (Form 4) N+2. Objections grid (Form 12) N+3. Motion for judgment as a matter of law (Form 11) N+4. Instructions (Form 9) and objections N+5. Verdict form (Form 10) N+6. Closing outline (Form 13) N+7. Post-trial deadlines

Drafting notes. The index is the discipline. Assemble it three days before trial; a tab that cannot be filled identifies work that is not done while there is still time to do it.

Form 1 — One-Page Trial Plan

Theme (one sentence): ______

What we must prove: 1. ______ 2. ______ 3. ______ Proved by (exhibit or witness): 1. ______ 2. ______ 3. ______

Their three best facts, and our answer:

1. ______ → ______ 2. ______ → ______ 3. ______ → ______

The five exhibits that matter: ______ The three witnesses that matter: ______ What we ask the jury to do: ______ Time budget: opening ____ ; each witness ____ ; closing ____ What we will NOT do: [arguments abandoned; exhibits cut; witnesses not called]

Drafting notes. The last line prevents the Wednesday-afternoon impulse to add a witness or chase a collateral point. Reread this page every morning of trial; it is the only document that keeps a two-week proceeding coherent.

Form 2 — Pretrial Order Outline

I. Jurisdiction and venue, stipulated or contested. II. Claims to be tried, by party, with the elements of each. III. Defenses to be tried, with the elements of each. IV. Claims and defenses abandoned. V. Stipulated facts — as many as can be obtained. VI. Contested issues of fact. VII. Contested issues of law, with the authority each side relies on. VIII. Witnesses, by party, with a one-line description of the expected testimony and whether the witness will appear live or by deposition. IX. Exhibits, numbered, described, with objections noted by rule. X. Deposition designations, counter-designations, and objections. XI. Demonstratives and whether each is offered as evidence or for illustration. XII. Motions in limine filed and pending. XIII. Jury demand status under Rule 38 and Rule 39. XIV. Estimated length and any requested time limits. XV. Settlement status.

Drafting notes. Section IV matters more than it appears: writing down what has been abandoned prevents an opponent from arguing that a theory remains in the case, and prevents your own team from reviving it. Section IX's objection column should be short — most exhibit objections should be resolved by stipulation before the order is submitted.

Form 3 — Motion in Limine Template

MOTION IN LIMINE NO. ___ TO EXCLUDE ______

I. Relief requested. An order precluding any party, counsel, or witness from mentioning, referring to, or offering evidence of ______, and directing counsel to approach before any such subject is raised.

II. The evidence at issue, described specifically: ______

III. Why it is inadmissible. ☐ Not relevant under Rule 401 and therefore inadmissible under Rule 402. ☐ Probative value substantially outweighed by unfair prejudice, confusion, or waste of time under Rule 403. ☐ Improper character or other-acts evidence under Rule 404. ☐ Subsequent remedial measure under Rule 407. ☐ Compromise or offer to compromise under Rule 408. ☐ Improper lay opinion under Rule 701. ☐ Unreliable expert opinion under Rule 702, or improper disclosure of inadmissible bases under Rule 703. ☐ Hearsay under Rule 802 with no applicable exception under Rule 803 or Rule 804.

IV. Prejudice from mentioning it at all. Why a curative instruction would be insufficient: ______

V. Conclusion and proposed order.

Drafting notes. File one motion per subject. Omnibus motions produce omnibus rulings — usually a deferral — and a deferred ruling is worth far less than a granted one. Section IV is the paragraph that distinguishes an in limine motion from an ordinary objection: the point is that the jury must not hear the subject mentioned.

Form 4 — Exhibit Chart and Foundation Scripts

No.	Description	Sponsoring witness	Foundation	Objection anticipated	Offered	Admitted

Foundation script — business record. "Do you recognize Exhibit 12? What is it? Was it made at or near the time of the events it records? Was it made by someone with knowledge, or from information transmitted by someone with knowledge? Was it kept in the ordinary course of your company's regularly conducted activity? Was making this kind of record a regular practice of that activity? Your Honor, we offer Exhibit 12 under Rule 803."

Foundation script — document with a witness's personal knowledge. "Do you recognize Exhibit 4? How do you recognize it? Is it in the same condition as when you last saw it? Your Honor, we offer Exhibit 4."

Foundation script — photograph. "Are you familiar with the intersection shown in Exhibit 7? Does Exhibit 7 fairly and accurately depict that intersection as it appeared on March 4? Your Honor, we offer Exhibit 7."

Foundation script — email. "Do you recognize Exhibit 19? What is it? Who sent it? How do you know? Did you receive it in the ordinary course? Your Honor, we offer Exhibit 19 under Rule 901."

Foundation script — certified record. "Your Honor, Exhibit 22 is a certified record of a regularly conducted activity, self-authenticating under Rule 902; the certification was served on ___ with no objection. We offer Exhibit 22."

Sequence, every time: mark; show opposing counsel; hand to the witness; identify; establish knowledge; offer; obtain the ruling; then publish.

Drafting notes. Publishing before admission is the most common exhibit error and occasionally draws a mistrial motion. Where an original is required by Rule 1002, confirm which copy is being offered and why a duplicate is acceptable.

Form 5 — Business Records Certification Request

Dear ______,

We represent ______ in ______, pending in ______, set for trial on ______.

We enclose copies of records produced by your organization at ______ through ______. To avoid the need for a custodian to appear at trial, we request a written certification, executed by the custodian or another qualified person, stating that the records:

1. were made at or near the time of the occurrence of the matters set forth, by or from information transmitted by a person with knowledge of those matters;
2. were kept in the course of a regularly conducted activity; and
3. were made by the regularly conducted activity as a regular practice.

A form of certification is enclosed. The certification permits the records to be self-authenticating under Rule 902 of the Federal Rules of Evidence and admissible under Rule 803, and would spare your organization the burden of a trial appearance.

We must provide reasonable written notice of our intent to offer the records, with the certification, to the opposing party. Please return the executed certification by ______ so we can serve that notice.

Drafting notes. Send this six weeks before trial. Certifications take time to route through an unfamiliar organization, and the alternative — subpoenaing a custodian who has never testified — costs a trial day and risks a foundation failure.

Form 6 — Witness Preparation Memorandum

To: ______ Re: Your testimony in ______ Trial date: ______

1. What will happen. You will be called, sworn, and questioned first by me, then by opposing counsel, then possibly by me again. The judge may ask questions. The jury is watching throughout.

2. How to answer.

• Listen to the entire question. Pause. Then answer only that question.
• "I don't know" and "I don't remember" are complete, correct answers when true.
• Do not guess, estimate, or accept an approximation you have not verified.
• If a question contains something inaccurate, say so before answering.
• Do not volunteer. The other lawyer has a plan; do not help.
• If a lawyer objects, stop speaking until the judge rules.
• Answer in your own words. If it sounds like a lawyer wrote it, the jury will assume one did.
• You may ask to see a document before testifying about it.
• Tell the truth even when it hurts. Conceding a bad fact makes you believable on the good ones.

3. Your prior statements. Enclosed: your deposition (pages ______ are likely to be used), your declaration dated ______, and emails at ______. Read all of them. You will be confronted with any inconsistency.

4. Exhibits you will be shown. ______ We will walk through each, including how I will establish the foundation.

5. Likely cross-examination. ______ We will spend most of our session here.

6. Sequestration. Under Rule 615 you may not be in the courtroom for other testimony, and you should not discuss your testimony with other witnesses.

7. Practical matters. Where to arrive, when, security screening, what to wear, and who to call if anything changes.

Drafting notes. Preparation is familiarization, never scripting. Coached testimony is transparent to jurors, who read fluency about unfamiliar subjects as rehearsal. Spend two hours on cross and thirty minutes on direct; direct goes as planned, and cross does not.

Form 7 — Voir Dire Question Bank and Strike Criteria

Strike criteria for this case (define before questioning): Experiences: ______ Attitudes: ______ Occupations: ______ Prior service: ______

Questions — background. Occupation and employer; household composition; prior jury service and whether a verdict was reached; prior involvement in a lawsuit, as a party or a witness.

Questions — experience with the subject matter. Have you or a close family member ever ______? Tell me about that. How did it turn out? How do you feel about it now?

Questions — attitudes. Some people believe ______; others believe ______. Where do you find yourself? What experiences shaped that?

Questions — burden and standard. The plaintiff must prove the case by the greater weight of the evidence, not beyond a reasonable doubt. Is there anything about that standard that troubles you?

Questions — damages, where relevant. Do you have views about awards for pain and suffering? Have you read or heard about lawsuits you thought were unjustified?

Questions — hardship and impartiality. Is there anything about this case, the parties, or the schedule that would make it difficult for you to serve or to be fair?

Cause-challenge follow-ups. Can you set that experience aside completely? Given what you have told us, would you want a juror with your experience deciding your case?

Drafting notes. Ask about experiences rather than opinions; experiences predict votes and opinions do not. Normalize disqualifying answers so jurors feel able to disclose. Never argue the case, never ask a juror to commit to a verdict, and never embarrass a panelist — the rest of the panel will punish it.

Form 8 — Peremptory Strike Record Sheet

Complete before exercising each strike.

Strike	Juror no. and seat	Neutral reason	Voir dire answer supporting it (page or note)	Similarly situated jurors not struck, and why
1
2
3

If an objection is made: the framework of Batson v. Kentucky, 476 U.S. 79, applies to civil litigants under Edmonson v. Leesville Concrete Co., 500 U.S. 614, and to gender-based strikes under J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127. Step 1: prima facie showing. Step 2: neutral explanation — read from this sheet. Step 3: the court's determination of purposeful discrimination.

If you are objecting: the strongest showing at step three is comparative juror analysis — identify a juror of another group with materially the same answers who was not struck, by name and answer.

Peremptories available: three per party in federal civil cases under 28 U.S.C. § 1870, with the court able to allow more or treat multiple parties as one. Pool composition rules appear at 28 U.S.C. § 1861 and 28 U.S.C. § 1866.

Drafting notes. Filling this out before each strike is the entire technique. A contemporaneous, answer-based reason recorded before any objection is far more credible than one constructed afterward, and the comparative-juror column forces counsel to notice the problem before the court does.

Form 9 — Jury Instruction Worksheet

#	Subject	Source (pattern no.)	Modified?	Authority for modification	Opponent's version	Dispute	Ruling
1	Preliminary instructions
2	Burden of proof
3	Elements, claim 1
4	Elements, claim 2
5	Affirmative defenses
6	Causation
7	Damages: categories
8	Damages: reasonable certainty
9	Damages: present value
10	Comparative fault
11	Limiting instructions carried from evidentiary rulings
12	Deliberation and verdict

Preservation. Under Rule 51, file requests when the court directs, and object on the record, stating the matter and the grounds, before the instructions and closing arguments are delivered. An unpreserved instructional error is reviewable only for plain error.

Drafting notes. Draft ten days out, together with the verdict form. The "authority for modification" column is what persuades a court to depart from the pattern; a modification offered without authority is usually refused.

Form 10 — Verdict Form Template

VERDICT FORM

Question 1. Has Plaintiff proved, by the greater weight of the evidence, each element of [Claim One]? ☐ Yes ☐ No — If you answered No, skip to Question 4.

Question 2. Has Defendant proved [affirmative defense]? ☐ Yes ☐ No — If you answered Yes, skip to Question 4.

Question 3. State the amount of damages, if any, for each category: a. Past economic loss $______ b. Future economic loss $______ c. Past non-economic loss $______ d. Future non-economic loss $______

Question 4. Has Plaintiff proved each element of [Claim Two]? ☐ Yes ☐ No — If No, skip to Question 6. Question 5. Damages for Claim Two, by category: ______

Question 6. Comparative fault, if any. Plaintiff ____% Defendant ____% (must total 100%)

Foreperson signature and date.

Drafting notes. Rule 49 authorizes special verdicts and general verdicts with written questions. Separate the theories, separate the damages categories, and include routing instructions. A general verdict in a multi-theory case puts the entire judgment at risk if any theory fails on review. Object to an inconsistent verdict before the jury is discharged; afterward the only cure is a new trial.

Form 11 — Motion for Judgment as a Matter of Law

ORAL MOTION UNDER RULE 50(a) — draft before trial; deliver at the close of the opponent's evidence.

"Your Honor, at the close of Plaintiff's case, Defendant moves for judgment as a matter of law under Rule 50.

As to Claim One, the judgment sought is dismissal, because Plaintiff has been fully heard and there is no legally sufficient evidentiary basis for a reasonable jury to find the element of ______. The only evidence on that element is ______, which establishes ______ but does not establish ______.

As to damages, the judgment sought is that no reasonable jury could award more than nominal damages, because Plaintiff offered no method — no baseline, no but-for projection, and no deduction of avoided costs. [Repeat for each category.]

As to the punitive claim, ______."

RENEWED MOTION UNDER RULE 50(b) — file within the time the rule allows after entry of judgment, incorporating the grounds stated above and adding an alternative request for a new trial under Rule 59.

Drafting notes. Two failures recur. A general motion — "the evidence is insufficient" — preserves nothing, because the rule requires specifying the judgment sought and the law and facts entitling the movant to it. And a motion not renewed after verdict forfeits the sufficiency challenge entirely. Draft this before trial; the exercise also reveals proof gaps in your own case while there is time to fill them.

Form 12 — Objections Grid

Objection	Rule	One-sentence response if you are offering
Relevance	Rule 401 / Rule 402	"It makes the fact of ______ more probable, which is of consequence because ______."
Unfair prejudice	Rule 403	"The probative value goes directly to ______ and is not substantially outweighed."
Character / other acts	Rule 404	"Offered for knowledge and notice, not propensity; we request a limiting instruction."
Remedial measure	Rule 407	"Offered to prove feasibility, which is disputed."
Compromise	Rule 408	"Offered to prove bias, not validity or amount."
Personal knowledge	Rule 602	"The witness testified she was present and observed it."
Leading	Rule 611	"Preliminary matter" or "adverse witness."
Lay opinion	Rule 701	"Rationally based on his own perception and helpful to the jury."
Expert reliability	Rule 702	"The court ruled on this in limine; the method is ______."
Expert basis	Rule 703	"Experts in this field reasonably rely on this data."
Sequestration violation	Rule 615	"The witness is a designated party representative."
Hearsay	Rule 801 / Rule 802	"Opposing party statement" or "offered for notice, not truth."
Hearsay exception	Rule 803 / Rule 804	"Business record" or "former testimony; the declarant is unavailable."
Authentication	Rule 901 / Rule 902	"Testimony of a witness with knowledge" or "certified and noticed."
Best evidence	Rule 1002	"A duplicate is admissible; no genuine question of authenticity."

Preservation. Rule 103: object timely and state the specific ground; when evidence is excluded, make an offer of proof on the record outside the jury's presence. Harmless errors are disregarded under Rule 61 of the Federal Rules of Civil Procedure.

Drafting notes. One page, in the notebook, tabbed. Its value is speed: a response delivered in three seconds preserves credibility that a request for a recess spends.

Form 13 — Closing Argument Outline

1. The theme, in the same sentence used in opening. 2. The promise kept. "In opening I told you the evidence would show ______. Here is that evidence." 3. Question 1 of the verdict form. What it asks; the evidence; the answer; why. 4. Question 2. [Repeat through the form.] 5. Damages, by category, with the number and the exhibit supporting each. 6. The weaknesses, raised in opening and now resolved. 7. Their argument, answered — for the party arguing first. 8. The ask. The specific answers and the specific numbers.

Avoid: misstating testimony; referring to matters not in evidence; expressing personal belief in the justice of the cause; appealing to jurors' personal interests; commenting on wealth or poverty where irrelevant.

Drafting notes. Organize around the verdict form, because that is the document the jury deliberates from. Draft the outline when the verdict form is drafted — two weeks out — and revise it nightly during trial as the evidence actually comes in.

Reference Tables

Rules cited most often

Rule	Subject
Rule 38	Jury demand and waiver
Rule 39	Trial by jury or by the court
Rule 47	Selecting jurors
Rule 48	Number of jurors; verdict
Rule 49	Special verdict; general verdict with questions
Rule 50	Judgment as a matter of law
Rule 51	Instructions; objections; preservation
Rule 54	Costs and fee motions
Rule 59	New trial; remittitur
Rule 61	Harmless error
Rule 103	Rulings on evidence; offers of proof
Rule 615	Excluding witnesses

Preservation requirements

Issue	What must be done	When
Admitted evidence	Timely objection stating the specific ground	At the offer
Excluded evidence	Offer of proof on the record	At the exclusion
Sufficiency	Specific motion, then renewal	Before submission; after verdict
Instructions	Objection on the record, matter and grounds	Before delivery and closing
Inconsistent verdict	Objection	Before discharge
Improper argument	Contemporaneous objection; curative instruction or mistrial	During closing

Related Documents

• Trial practice and juries: a comprehensive guide to selection, examination, objections, and verdicts
• Twelve strangers and a story: how a civil trial actually unfolds
• Preparing a case for trial: a practical checklist
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