A joint trial document brief is a best practice for trial.
Trial goes a whole lot smoother when counsel can agree on a joint trial document brief. The cooperation in vetting documents down to what matters helps keep the volume of paper down and the trial focused.
Negotiating a joint trial document brief simply involves going back and forth with a proposed index, with both sides adding what they see as required for their client. A final review is needed once assembled to ensure completeness.
In coming to an agreement on a joint trial document brief, the following 5 issues should be addressed:
- What to include;
- What documents are agreed to be authentic;
- What documents are agreed to be admitted for the truth of their contents;
- Who is going to arrange for copies to be made and how many copies; and
- Who is going to pay for printing and binding.
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