presentation at the court

About Joel Miller

About Joel Miller and why he founded The Family Law Coach.

What’s Legal Coaching and How Can It Work For You?

In family court but can’t afford to hire a lawyer?

What are Unbundled Services & Limited Scope Retainers?

Can’t afford a lawyer but still want help?

Complimentary Strategy Session

Not sure which of our Solution Packages works best for you?

Legal Coaching

Do you need some legal assistance or legal coaching?

Straight forward Agreements

Do you need a straightforward agreement or contract?

Lots of stuff for people acting for themselves

Useful comments and thoughts

Get in touch with us!

Resources and information all Self-reps need.

15 skills for effective presentations in court.

Representing yourself requires a certain skill set. We’re providing you with a set of 15 skills that you need to be persuasive in presenting your case. Keep these in the back of your mind throughout the process and you’ll be ready to rock the courtroom.

Part of the benefit of working with The Family Law Coach is that we can provide you with the assistance you need to gain these skills before and during the process. When you’ve gone through this list, check out the Services offered by The Family Law Coach to see how we can help you help yourself.

Skill 1. Telling the judge why you’re in court, and what you want, in just one or two sentences.

Many self-reps feel that finally being in front of a judge gives them the chance to “tell my story” and get a whole lot of grievances and complaints off their chest. They want to vent about all of the injustices and wrongs done to them and how bad the other party is. The judge may look interested, but is this effective? No.

Just because a judge is being patient, and waiting until you get to the point, doesn’t mean he or she is agreeing with you. They’re working hard to pull out the relevant details to help them make a decision. The harder the judge has to concentrate to get the information he or she needs, the more difficult it is to make a decision in your favour.

You need to be concise and practice the skill to put your complaints aside and deal with only 2 questions: Why are you here? What result do you want?

Make sure to take the time to rehearse the answers to each question so you can state your position in a loud and intelligible voice. Here are some concrete examples.

“Judge, I’m here to change the access arrangements from the existing order to the terms set out in the schedule attached to my notice of motion. Essentially I’m asking for a more flexible arrangement than the one now in place.”

“Your Honour, I’m here because In lost my job 6 months ago and the best new job I could get pays less than what I was earning when I agreed to child support of $879 per month. I need an order for reduced support payments, but my former wife won’t agree.”

“Judge, my former wife is asking that she be allowed to move to a different city because she’s planning to marry her boyfriend who lives there. But that will have a disastrous effect on the time the children and I have together and the nature of our time together, and I’m opposing her request for that reason.”

“Your Honour, my former partner has been interfering with my access to our children by making last minute changes in arrangements to suit her/his convenience without consulting me, cancelling visits unilaterally, and generally refusing to comply with the terms of our access order. I’m asking that she/he be found in contempt and that the order require that the terms be complied with or the residential arrangements for the children are to be changed to me.”

In each case it took only 2 sentences to give the court a good idea of what the matter is about, both side’s positions, and your suggested solution.

This is called the Tim Horton’s Pitch: what you tell the person in line for morning coffee when they ask what you’re doing today so you can be finished before it’s their turn to order.

But more than simply being brief, it shows that you respect the system and the court’s time by being clear and to the point. So long as what you say is truthful and supported by the evidence, it shows that you’re a trustworthy person to whom the judge should pay attention. It’s a terrific way to be effective.

Skill 2. Practice, practice, practice

It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences. They try doing it different ways. And they practice saying it out loud.

Some of us convince ourselves that we know our case so well that we don’t need to practice anything. Others convince ourselves that our matter is so complex and involves so many details that we can’t get it into a couple of sentences. We think the judge needs to hear everything in order to understand what the case is about. And some of us convince ourselves we’re just no good at talking on our feet and we won’t be able to tell the court what we want it to know.

That sort of thinking creates mental blocks that hold us back. One trick to overcoming this is practice.

Write down what you want to say. Read it over and change it to what the judge needs to know. Try different ways to present your case to see what works best for you. Then shorten it until you get what the judge needs to know into 2 -3 sentences.

Write down whatever you want to say in point form. Make each point only one or two sentences. Re-arrange the points into a logical sequence. Look at what you’ve written for each point and see if it can be shortened. Then practice saying it out loud in front of a mirror or to someone you trust and can give you feedback.

The more you practice the easier it will be to tell the judge, and the more comfortable you’ll be in court. Pro athletes practice before every game. So should you.

Skill 3. Avoid the nasty

Personal attacks hurt your case. You may be tempted to put negative things about the other party in your material or presentation, but you need to be able to resist that temptation.

Spending time to complain about the other person and all the nasty things that they did hurts your case. If it’s not relevant, you’re wasting the judge’s time and making it harder for him or her to understand the important information. If you turn off the judge with your whining and complaining, he or she might miss hearing the important things you have to say.

If, however, the conduct of the other party is really relevant to the issue, make it clear why the information is important to the judge’s decision. For example, if the behaviour shows that the other party says inappropriate things front of the children, or if he or she acts without judgement.

Making things relevant to the issues the judge has to decide, instead of leaving them as a personal attack on the other person, makes your comments far more powerful and effective. Judges don’t like hearing negative personal attacks.

Skill 4. Writing in an clear and logical way

Much of the key work in creating an effective case is done before you stand up to speak. It’s in the written material the judge reads in the file. What you write and how you write it is the first step in showing the judge why the court should give you what you want.

Are you able to set out your story, what you want, and why you should get it, in a clear and understandable way? You need to be able to organize what you need to say in a way that makes sense to the judge. Just like what you say to the judge when you’re speaking, what you say to the judge in your writing needs to be clear and easy to understand.

The key to good legal writing is re-writing. Go over what you’ve written and then ask yourself: “If a stranger didn’t know anything about my case would they get a good idea of what it’s about and why they should agree with me, or would they find parts of what I’ve written confusing? Will they get my point? Is what I’ve written difficult to read or easy?”

Then start over and re-write everything. Show it to someone. Ask them to help you be more clear and focussed. Remember why you’re writing the document – it’s not to get everything of your chest, it’s to give the judge the information he or she needs to understand what you’re asking for and to encourage them to give it to you.

If you can do this, you’ll find your written material to be a really effective way of getting a judge to want to help you, even before your case is called.

Skill 5. Gathering the relevant information and staying on top of the materials you need

You may have to gather information as part of your case. You may need to get correct bank statements to show what money was in different bank accounts, or account statements to show the value of investments or RRSPs, at key dates. You may need copies of Insurance policies or property ownership papers, or tax and utility bills. Perhaps you’ll need information from your employer or doctor.

They key to gathering information effectively is to create a list and check it off as it’s collected. Keep it in one place and keep it organized and you’ll be good to go.

Skill 6. Being Organized

It’s important to be able to organize your material. Do you have the various exhibits and supporting material you need to support your story? Can you collect the documents and evidence you need to support your position? Can you put your material into a sensible and organized structure?

If you can do this, great. If that’s not what you do well, ask a friend or family member to help you organizing everything. Taking the time to organize your materials helps you to organize your case and present it to the judge in an effective way.

Skill 7. Being a good researcher

In some cases a bit of research is needed to collect the information and evidence that supports your story. You may also need to gather legal information. Will you be able to do your own research? Do you know how to do it?

Skill 8. Being on time and knowing how to wait

Court matters are filled with deadlines. Are you able to get your papers filed on time and show up in court when scheduled?

Do you have the time to get to the court office and to get the information you need? Are you able to explain what you want and do you have the patience, if needed, to go from one court office to another until you get it?

If you’re late submitting documents or in showing up to court, this could have a very serious impact on your outcome.

It’s not uncommon for a self-rep to find that they’ve gone to the wrong counter or wrong office are in the wrong line or have the wrong papers with them. It’s important that you recognize this at the beginning, give yourself lots of time and have patience.

And patience is an important thing to bring with you whenever you have to deal with the court offices. Often the lines are long. Give yourself lots of time. The family court process is going to have a long-term impact on your life and it’s worth taking extra time so you can avoid being late.

Skill 9. Paying attention to detail

Are you able to pay attention to detail? For example, before beginning to fill in a blank on a form do you read the instructions to be sure you’re filling it out properly? Have you attached all the documents you refer to in your materials? When you refer to a section of some legislation, have you checked to be sure you’ve got the right number and reference?

If you’re missing any details or fill out a form wrong, it will be harder for the judge to rule in your favour. So it helps your case if you’ve been careful about everything before you file it with the court office.

Skill 10. Understanding the appropriate Guidelines that affect your case

Have you looked at the Child Support Guidelines or the Spousal Support Advisory Guidelines to be sure that what you’re saying about them is accurate? Have you checked out the sections you’ll be referring to and do you understand them?

There are guides available for each the Spousal Support Advisory Guidelines and the Child Support Guidelines. Read and understand them. It will help you be effective in presenting your case.

Skill 11. Distancing yourself

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

So the skill here is to be as objective and realistic as possible. Be practical and rational instead of emotional. You can only be effective if you’re not all worked up about the case. This isn’t easy. But it’s important. Can you do it?

Try to look at the case from the perspective of a person who doesn’t know you and doesn’t know the other party.

Acting rationally includes recognizing the weak parts of your case and dropping them. This will help you maintain realistic expectations and help you focus your presentation. Think about what stranger would need to know to give you what you want, and if that person would think you deserve it.

You need to be objective about the case and your positions.

Skill 12. Knowing your motivation and remove the destructive elements from your position

Are you motivated to fight so that the other person doesn’t “win,” or get an “easy victory”? Are you motivated by jealousy or revenge? Do you want to punish the other person for what they did to you or your family? Tough. Those aren’t reasons to fight in court and won’t get you anywhere. Do you have the skill to remove these factors from your thinking?

Knowing why you’re really taking your positions will help you shape a more effective presentation. If your positions are motivated by one of the factors mentioned above – re-think your approach. At least, re-frame it so that you can present a more positive position that will get you the results you want.

Skill 13. Separating money issues from the kids

Do you have the skill to consider what’s best for the kids even if that means getting less money, or paying more money, than you wanted?

Not everyone is able to admit when continuing the fight will be harmful to the children. Can you put their interests ahead of yours?

Very often that’s what the case comes down to, and you’ll do better if you recognize this before a judge does.

Skill 14. Standing up to a bully

Are you able to stake out a reasonable position and stick to it despite threats and bullying from the other party? First, you have to recognize when you’re dealing with a bully. A bully is someone who uses:

• manipulation
• personal attacks

You may have given in lots of times in the past to keep things together, but do you have the skill now to say enough is enough? A bully knows what sort of tactics worked well in the past and will try to use them against you in court. Can you stand your ground now? That doesn’t mean you need to retaliate. It means maintaining your position and clearly stating that position to the judge.

The interesting thing about bullies is that they get away with their conduct so often that they assume you’ll give in again. If you stand up to a bully, a judge can usually see what’s happening and put that bully in their place.

Often, standing up to a bully starts with just saying “No. Enough. I’m not giving in again.”

Skill 15. Knowing what you’re good at

The truth is that not everyone is terrific at each of these things. Not even lawyers. The trick is to recognize which skills you have and are good at and which ones you need to work on. Keep in mind that that all of us can use some help from time to time and don’t hesitate to ask for it. You may have a family member or a friend who is better at one of these skills than you. See if they’ll help you out. If they can’t, maybe they know someone who can.

Use your strengths as best you can and don’t pretend to be good at something you’re not. Get the help you need so you can present your case as effectively and persuasively as possible.

Unbundled services

If you need help with one of the skills listed above, it’s a smart move to get some assistance – to seek out someone to offer coaching about how to handle yourself, or to get advice about strategy, or some help with preparing the documents you need, or to give you the legal advice you’re missing.

If you can’t afford, or don’t want, to hire a lawyer to take over your case in the traditional full retainer model, then seeking out fixed fee services, also known as “unbundled services” could be the solution you need.

With unbundled services, a lawyer will agree to help you with part of your matter but not take over all of your case. It might be to prepare documents for you or to appear in court for you. Or it might be to spend time with you going over your documents and discussing strategy.

The Family Law Coach

The Family Law Coach provides self-reps with support through a menu of fixed fee services that you can access from anywhere. You can pick and choose the service that makes the most sense to you. You will know what you’re getting and the cost in advance so you can stay within your budget.

No up-front retainer. No need to travel to a lawyer’s office. No uncertainty about the cost.

With just a computer or a phone you access to a lawyer who can provide coaching in the skills you need to succeed in the courtroom.

Check out our Services and choose the one that’s right for you.

See our Directory for a list of other service providers that are providing unbundled services.

We apologize but we are at capacity right now and will be taking new clients September 30th.

How to Develop and Present Visuals in the Courtroom

Join me as I talk tips for upping your trial performance. I’ll cover all aspects of the trial, including jury selection, opening statements, direct witness testimony, cross-examination, closing arguments, jury instructions, and verdicts. Discussions are welcome in the comments section.

— Tad Thomas

Whether you’ve been handling courtroom cases for decades or you’re just getting started, it’s important to understand the usefulness of visual aids. With the right visual aids, coupled with good public speaking skills, you can give a convincing and credible presentation.

Creativity is not a skill everyone possesses, so establishing visual aids can be frustrating at times. Any special time you spend developing and presenting courtroom visuals will affect how successful you are to the judge and jury.

Tips for Creating Visuals for Trial

If you don’t take the time to create useful visuals for your courtroom presentation, the jurors won’t understand what’s important, and they will quickly lose focus—which is detrimental for your client. Graphics and animations need to flow with the presentation to help the jurors understand the key facts. To create useful visuals, consider the following:

• Focus and Objective. The most important part of creating courtroom visuals is establishing your objective. Once you can do that, you can prepare material that supports the objective in a simplified and organized manner. You don’t need to go for the “wow” factor when your visuals are easily digestible and purposeful.
• Audience. Who is your audience? Once you can answer that question, you can select the points you want to emphasize, know how to provide a useful level of detail, prepare the appropriate visual aids, and create a tone that is sensitive to your audience’s circumstances.
• Length and Pace. The human attention span is not where we’d like it to be. It’s important to remember that when planning your presentation, the longer you go on, the less likely it is that jurors will remember your key points. It can be nearly impossible to regain the jury’s attention once mental fatigue has kicked in. Judges also appreciate the use of graphics that reduce the length of time required for trial.
• Theme and Simplicity. If you’re presenting a large number of graphics, it’s important to have a common style or look throughout the presentation. When you’re thinking about that theme, consider what the jurors’ expectations might be. You also want to ensure the graphics you’re using to convey key points are simple and appealing. If you put too much information into one animation, jurors might not be able to follow along. If you’re discussing complex matters, make sure the big picture is clear.
• Consider Colors. For a visual graphic to be eye-catching, it needs to be high contrast. This means that text needs to stand out to the background, as do any animations, sketches, or other graphics. It’s often recommended to use blue backgrounds with yellow text.

Bringing Graphics and Animations to the Courtroom

While we’ve discussed the importance of utilizing demonstrative aids in the courtroom, we also need to consider the possibility of overusing media. By doing so, you could risk losing the direction and personal connection between you and the jury. While your visual aids are important, remember that you can’t build rapport if your face is always behind a screen.

To maximize your media impact, vary the use of your media through the trial. For example, consider using a simple PowerPoint in your opening statement to anchor your key points. During direct and cross-examination, the flexibility of trial presentation applications will let you move from any exhibit or video clip quickly and efficiently.

While poster enlargements and flip charts can seem outdated, there’s something to be said for using them to serve as quick reminders for key terms and definitions. When it comes to supporting your expert’s testimony, this is a good time to bring in high-powered computer animations and graphics. Finally, consider closing with another PowerPoint that will complement the testimony and bring the jurors back to the fundamentals of your case.

Electronic visuals aids can be highly effective for presenting a case to the jury when you know how and when to use them. When it comes to courtroom visuals, the old cliché “seeing is believing” bears some truth. Jurors expect that much of what they encounter will be visual, so you can leverage that expectation with useful visual aids to provide better education and create a bigger impact—one that is hopefully favorable for your client.

Session expired

Please log in again. The login page will open in a new tab. After logging in you can close it and return to this page.

Trial Presentation 101: Impactful Courtroom Demonstratives

• Michael Beumer

TRIAL PREPARATION SERIES | PART THREE of THREE

A looming trial or hearing date is no reason to panic. As we have described in PART 1 and PART 2 of our blog series, if your trial team has kept a well-organized and thoughtful document review and deposition process, your trial preparations and courtroom presentation should come together naturally. 

The key to making impactful trial presentations and graphics is not necessarily doing anything novel, but creating a cadence and drawing attention to the key points you’re trying to make. Your review team should have identified most of your key points when reviewing evidence. Organize it so that the most important and clear-cut examples can be easily found by the trial team.  

You must relate the most compelling story possible when your matter is tried in front of a judge, panel, or jury. Here’s how to do it.

★  In Trial Presentation, Simple Is Better

Above all, keep your courtroom presentation simple. Even if you have uncovered a mountain of damning evidence, your job in presenting your case is to tell a simple and clear story. When presenting, don’t overwhelm your audience and don’t die by bullet point. The less clutter on a slide, the more memorable your language and imagery, the more powerful the message will be. 

Once ESI has been reviewed for relevance, only a few key pieces or passages might actually be presented at a deposition , hearing, or trial. Consider how you’re organizing your presentation. 

The bullet points you use should be descriptive but succinct. Your timeline should be clear and easy to understand. Use charts, quotes and visual images to draw the viewer in and tell your story, not just illustrate a chronology. As discussed in our Taking Depositions post, a timeline not only organizes your evidence, but helps find patterns to define and accentuate your story. 

★  Timelines in Trial Presentation

To ensure your courtroom presentation is on point, use analytics to see date ranges and help determine your starting and ending points. Metadata can sort evidence by date so that you can organize it in a timeline view and can see patterns over time. 

These timelines are functional, but they can also be given to a professional graphic designer who can create a simplified, polished timeline slide for presenting in court. ( Reach out to Nextpoint for help with your trial graphics.)

Once your trial team and creative team understand key themes, the timeline becomes a roadmap or case brief. It will help set the stage for the audience and identify your cast of characters. Just like a good novel, consider the conflicts. Consider the rising action that brought conflict in the case. Then help lead the audience to a logical conclusion.  

One of the most difficult questions is how to manage complex electronic data. Data is an important part of most litigation today. The aim is to create custom graphics to complement the data and make it more digestible for a judge, arbitration panel, or jury to follow. 

Alternatively, you can employ a true exhibit presentation platform (such as Nextpoint, Trial Director or OnCue) to present data using callouts to make the data or financial information easily comprehensible. 

★  The Tools of the Trial Presentation Trade

As you receive designations from opposing counsel, organize them side by side with yours. In Nextpoint, reporting features allow you to discover what designations have been made. You can also see if there are any discrepancies and any objections you might raise. Issue tagging and coding in review will help make your key points and themes clear. We pointed that out in our recent post  on trial preparation.

In addition, you can view designation types and search across all depositions easily. This means information can rise to the top so you can have a vertical view to leverage transcripts of depositions . This is especially useful for MDLs or large scale litigation which may involve depositions and evidence from other jurisdictions or matters. 

If you’ve done this work ahead of time, creating final exhibits will be much easier. In fact, many of our clients will run presentations from their trial database . Simply call up documents and video as needed and replay important designations or clips. 

Callouts make great visuals. But professional designers or a good slide template can make even more powerful presentation materials. 

Modern trial databases are great tools for organizing and presenting your case. But we also believe in old-fashioned courtroom presentation materials. As courts go back to in-person meetings, a mixed media presentation should include digital exhibits on your presentation platform. You can also include a poster board that you can point to in the courtroom or arbitration room to hammer home important points. 

★  Want to Learn More?

Check out Parts 1 and 2 of our Trial Preparation Series:

• Trial Preparation 101: Strategies for Building Winning Arguments outlines the strategic aspects of trial planning
• Taking Depositions: Preparation Strategies for Attorneys   explains how to get the most out of your depositions and manage them alongside the rest of your case

And download our comprehensive eGuides on case building and deposition prep

If you’re looking for help with your courtroom presentation or any part of the litigation process, please reach out to the experts at Nextpoint . We can help you create custom graphics for your presentation, provide assistance in person when you go to trial, and so much more.

• trial graphics
• Trial Presentation
• trial presentation software

8 Essential Attorney Tech Tools for Trial Presentation

Nextpoint trial preparation and oncue software, how to prepare for your next hearing, conference or trial.

The People's Law Library

• How do I...?
• Prepare for Court

Presenting Your Case to the Court

You have prepared your case . The content is ready. Now think about how you are going to present that information to the judge. Also, learn more about courtroom behavior.

Below are some tips for presenting your case to the court.

Understand what will happen at the hearing.

Don’t lie. don’t exaggerate. not even a little., think about your audience., tell the facts in a logical way. tell a story., be brief. know what is important to tell and what is not., present your evidence in a way that supports your story., prepare for the unexpected and remain focused., hold on to your original documents unless the judge asks for them..

• Observe a Real Trial
• Practice, practice, practice your presentation.
• What to do if the other side has an attorney?

Prepare for the way you act when you are nervous.

Before Court: Preparing for Your Day in Court from the Maryland Courts

There will be a judge, Judiciary staff, possibly a jury, and members of the public in the courtroom. Learn more about who will be in the courtroom and courtroom behavior.

The person who filed the lawsuit (the plaintiff) and the person who was sued (the defendant) are the parties to the lawsuit. Both are entitled to appear in court. Both parties can speak and present documents, drawings, photographs, and other evidence as well as witnesses.

• Once the trial begins, the plaintiff can make an opening statement. The opening statement is a general statement of your case.
• The defendant then may do the same.
• The defendant can cross examine the plaintiff at this time.
• The judge may also ask questions.
• The plaintiff can cross examine.
• After the end of a party’s presentation of evidence, the opposing party may make a “motion for judgment.” This motion asks the court to automatically decide the case in favor of the party making the motion because the other party has not met the legal requirements of proving his or her case. If the judge rejects, or “denies,” the motion, the judge will proceed with the rest of the case.
• At the end of these presentations, the defendant, and then the plaintiff, may offer brief closing statements to sum up the case.

After both parties finish presenting evidence and give closing statements, the judge considers everything that was said or offered as exhibits. The judge will make a decision, known as a “judgment,” as soon as possible. In circuit court jury trials, the jurors discuss what they heard.

Judges listen to people tell their stories all day, every day and see all sorts of people. Many people tell the truth, some exaggerate, and some lie. Don’t be fooled into thinking that no one can prove that you are exaggerating a bit. A judge becomes good at hearing any “false notes” in a story. It is the judge’s job to decide who to believe, even if there is no “proof” that one side is lying. The judge is an expert in making these decisions. Don’t jeopardize your case by lying or exaggerating. If you lie on something small, the judge may not believe you when you tell the truth on a key point. Also, you may be given fines or other forms of punishment for lying during your hearing.

In most cases, your audience will be the judge (unless one of the parties asked for a jury trial in circuit court). Judges play a very important role in managing your case.  The judge sets the stage for the case and explains what is going to happen. The judge will also ask questions. When the judge is the audience, remember to speak only to the judge and not the other party.

Judges are people, too. It helps to present the facts in an easy-to-follow framework. Usually this means telling the facts in chronological order (in the order that they happened). It also means presenting the “headline” first -- start by giving the judge a quick summary at the beginning. For example, you might start with “The defendant has not paid me the $850 that she owes me for a dress that I made for her daughter. Here is what happened…”

Not everything that happened between you and the other side is legally important. Everyone’s time is limited. Research the law in your case and make sure all of the legal points are addressed in your story. You can ignore parts of the story that are not legally relevant. For example, you may not want to tell the judge that you and the other side ”go way back” or that you babysat her daughter or that she has not paid you for other bills that you did not include in this court case. You can tell a more complete story later if the judge asks you to but start with proving what you need to prove under the law.

Don’t wait until the end of your story and then shove a bunch of papers at the judge. Organize and label the documents that you want to submit to the court. Put the documents in the order that they support your story. Mention the documents in order. When you mention a fact supported by a document, offer copies of the document to the judge and the other side. Make sure to bring enough copies for both the judge and the other side.

Be prepared to answer at least 5 questions about your evidence: WHO, WHAT, WHY, WHERE, WHEN and HOW. For example, if you are submitting a signed contract into evidence, be prepared to tell the court that you and the other party signed it on a certain date in a certain place.

• Each piece of evidence is called an “exhibit.” 
• Submit your exhibits to the court by “moving” that they be admitted into evidence after you have explained the evidence by laying the proper foundation. A plaintiff may introduce an exhibit into evidence by saying something like, “Your Honor, I move that Plaintiff's Exhibit 'A' be introduced into evidence.”
• Be prepared to admit into evidence any documents describing the extent of the claim, such as repair bills.

If one party does not submit evidence correctly, the other party may “object” and provide the legal rules for doing so.

• A party may object immediately after the other party’s statement by saying, “Your Honor, I object.”
• Then, the party objecting must provide justification.
• The judge will then either “sustain” the objection (which means that the objection is correct) or “overrule” it (which means that the judge does not believe the objection is correct).
• It is important to state an objection whenever necessary because if there is no objection, then the party may lose the right to appeal that issue. 

What is the worst that the other side could say? What are the weakest parts of your case? Prepare for the other side to try to prove these. Don’t wait until after the hearing to say, “I should have said…” First, decide if the worst that the other side can say is legally relevant. If it is just a complaint about you, ignore it. If there is a weakness in your case, prepare by deciding how you will respond when they bring it up. Practice what you would say and ignore the emotions.

Only you can keep track of your documents. Your documents can be evidence in your case. Evidence could be any documents, such as receipts, photographs, contracts, or letters that support your claim. It can be easy to lose documents. Keep the original documents in your file. Give copies of important documents you plan on using as evidence to the court. Only pass along the original document if the judge requests it. Make sure you have a copy to keep for yourself and for the other side, if needed.

Observe a real trial.

In most cases, court proceedings are open to the public. If possible, take a few hours to sit in on a case to get an idea of what happens during a trial.

Tips for Your Day in Court from the Maryland Courts

Practice, Practice, Practice your presentation.

Once you start, your story will flow easily, especially if you have a few notes in outline form and your documents are organized in the order you plan to mention them. Indicate on your notes which documents you have to prove which point. You may want to number your documents to help you keep track of them.

Put your notes on index cards or write them out in advance on a paper pad and bring this with you to your hearing. It is better to have a few key points written down than a “script” with every word you want to say. Remember that the judge will not have a script nor will the other side. You know your story. You just need a few reminders to make sure that you make all the necessary legal points.

If you are the plaintiff (the person who filed the complaint)…

• You will speak first.
• You will need to tell the judge your story.
• Remember, there are certain legal elements that you must prove.
• It may be useful to have the first few sentences written out in full and then to practice these in advance. This will help get you started.

If you are the defendant (person who was sued)…

• You will speak second.
• The other side will have laid out a series of facts. You do not have to repeat these facts. Assume that the judge heard and understood the facts, even if you do not like the way the other side said it.
• Focus your comments on your defense.
• Do not dispute every little issue -- focus on the most important points.
• Prepare yourself by looking at what the other side had to prove. That will help you determine which points are worth disputing.
• Don’t memorize answers to questions you expect to be asked. It will show and seem unnatural.  Others may not believe you. Also, you may forget what you planned to say.

If you plan on calling witnesses,  make a list of questions that you plan to ask your witnesses. If you can, practice with them so that you are not surprised by what they say at the hearing. However, remember that court testimony is given under oath, and you and all witnesses must tell the truth.

Practice in front of a trusted friend. If you can, pick a friend who has not heard you talk about your legal issue. It may be helpful to hear the comments of someone who is new to situation. Before you begin, tell your friend what you must prove (legally) or what must be proved against you. Then ask them to listen only to what you say and what your documents or witnesses can show. Ask them to forget anything else they know about the situation.

Give your friend a copy of the complaint. Ask them to give you harsh and unbiased feedback. Specifically:

• Did you tell or show them enough to persuade them that your version of the story is the more correct one?
• What areas that they find weak or unclear?

Based on their feedback, are you making assumptions about what the judge might know about your case? Do you need to provide a better “map” to help the judge follow the legal elements that you need to prove? The judge will be looking for certain information. Make it easy for the judge to see the important parts of your case.

What if the other side has an attorney?

Don’t Panic. If you have put together a good case, there is no reason why you should not be treated fairly by the court.

On the day of the hearing the most important person to control is you. Be polite. Attorneys can sometimes be intimidating. If an attorney appears to be angry or treats you poorly, this might just be part of the negotiation. Continue to act politely and say that you will be happy to attempt to settle the case, but you will not respond to attacks. You can complain to the judge if the attorney goes too far. But remember that the attorney is likely to appear before the judge more often than you do. Try not to be too sensitive but only complain if the attorney’s behavior is consistently bad. If you choose to complain, use a concrete example, and remain calm.

It is important to stay calm when in court. However, appearing in court is a cause for anxiety, even for seasoned attorneys. Prepare for the way you act when you are nervous.

Know what to expect.

Read all the information about the court on this website and the Maryland Courts website. If possible, plan to take time off and go to court. Figure out how to get to the court, and plan for any security requirements and restrictions. Watch other cases in the court for an hour or so to see what happens. Ideally you should find out when the same judge assigned to your case will be sitting on the bench or the same type of case as yours is being heard. Take notes. Watch carefully to see what works and what the problems are.

Have your papers ready to present.

Nothing makes you more nervous than having to sort through your papers to find the one receipt that will prove your case. Eliminate this cause of stress by organizing your documents.

At least 2 days before the hearing, find all your documents. Make at least 2 copies of each document. Attach the copies to the originals with paper clips. Stack the papers in the order that you plan to mention them in your story. You may even want to number each document. Put them in a file folder and label the file folder. Add your notes. Maybe use a binder clip to hold the documents together and attached to the file. Put the folder by the door or in your car so you do not forget it.

Plan to arrive early.

Rushing in the door makes everybody (even attorneys) nervous. Make sure that you do not have this extra pressure.

Once you are prepared, think about something else.

Once you have done your best to prepare, force yourself to think about something pleasant. Think about your upcoming vacation. Think about your sister’s birthday party. Think about the joke somebody told you yesterday. Thinking about other topics will help you to remain calm.

If you can’t stop talking…

• Use notes on what you need to say.
• After the key points, add a note to yourself that will say STOP.
• When you see the note, stop talking and take at least 2 deep breaths.
• If someone asks you a question, answer. Otherwise, wait.

If you get tongue-tied…

• Write short reminder notes to yourself (not a script).
• Review your notes before walking into the courtroom.
• Practice saying the first few sentences.
• Practice telling your story aloud until it is very familiar (do not memorize a script).

If you lose your focus…

• Write up short reminder notes to yourself in advance about the key points in your story.
• Look at your notes periodically.
• Type or write your notes in big letters, or bold/underline key words.

If you talk too fast…

• Write a bold note to yourself that says “SLOW” in my presentation notes. Put this note after your first 2 key points.
• Force yourself to stop and breathe after the first 4 sentences, whether you need to breathe or not.
• Count slowly while breathing.
• Listen to yourself. Stop talking if you have covered all the issues in the notes.
• Watch the judge’s face. If the judge looks confused, slow down. Maybe say, “I am nervous. Can I repeat anything?”

If you have a dry mouth…

• Arrange to have a drink of water before going into eh courtroom. (Bring a water bottle or locate the bathroom or water fountain.)
• Have a single piece of hared candy under my tongue to help lubricate my mouth when I need it, but be discreet about this. Do not let the candy be distracting.

Is this legal advice?

This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  The Maryland Thurgood Marshall State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site.  In the absence of file-specific attribution or copyright, the Maryland Thurgood Marshall State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org . © Maryland Thurgood Marshall State Law Library, 2024.”

Popular Keywords

Nothing was found. Try another keyword.

Personalized Solutions. Effortless Experience. File Thru Trial ™.

• Company About Us Learn more about what sets First Legal apart. Meet Our Team Get to know the experts that will handle your needs. Careers   Client Care & Success   File Thru Trial™   Our Locations  
• Court & Process
• Depositions
• Investigations
• Trial Support Services
• Corporate Programs
• Resources Court Information Court Updates Forms & Resources MCLEs & Webinars Blog Case Studies FAQ
• GET STARTED

Home » Thought Leadership » 5 TIPS FOR A GREAT TRIAL PRESENTATION

• July 6, 2021

5 TIPS FOR A GREAT TRIAL PRESENTATION

When you enter a courtroom, you want to believe that the person with the best argument will walk away with a verdict on their side. Although this is generally true, a great trial presentation can help sway the outcome of a case. There are a plethora of psychological studies that demonstrate that people think in pictures. So what does that mean for your trial presentation?Most importantly, it means that people will conjure up their own images unless you can provide one for them. It’s important for jurors to come away with the same information, even when your presentation has been filtered through personal beliefs and biases. Modern television has also influenced the way jurors think about the court system, and many come into court expecting photographic evidence and 3D recreations. Of course, each case is different, but the following tips can help you present compelling visual evidence at trial:

1. Be the person who does the simplification

Don’t give your audience room to draw incorrect conclusions. Although you can leave some room for interpretation when necessary, especially when you are legally unable to spell things out for the jurors, it’s still important that you are the person who connects the dots for your audience. This ensures that everyone is on the same page, and can help bring people together in agreement with you when the jury retires for deliberation.

2. Reinforce specific themes

There will be places in your presentation where you have the opportunity to make important points through your use of titles. Slide and presentation titles are much more interesting when they pose a question, make a statement, or reinforce a theme.  For example, “Timeline” and “Personal History” are weak titles and underutilize one of your best opportunity for imprinting themes and posing questions. Instead, consider using a title such as “What Were John Doe’s Motivations?”, which poses a question that your audience knows you will answer. Luckily, because titles are easy to change, you’ll be able to swap things out on the fly, even if a judge objects to a title you’ve chosen.

3. Enhance your presentation by cutting the copy

Keep your bullet points short and your slides sparse. Although visual impact is an important part of your overall presentation, you should have minimal words on the page. You don’t want your audience to be distracted as they try to read ahead or catch up. Don’t read verbatim from the slides. When you keep your sentences short and simple, you also remove the temptation for yourself!

4. Assume a short attention span

Plan to lose everyone’s attention. Of course, ideally your audience would be rapt the whole time and hanging on your every point. However, it’s best to assume that you need descriptive graphics to keep people tuned in. Graphs, 3D animation, photos, sketches and other visual elements, are much more interesting than plain text.

5. Play to your audience

Finally, you should always try to play to your audience. Consider who they are, and their interests, beliefs and biases. Craft your argument with a specific type of person in mind. The jury is not made up of blank slates. You must consider what kind of evidence your audience can grasp, and provide visual images and contexts familiar to them.

When your presentation is well practiced and well structured, you’ll deliver a common visual experience for those in the courtroom. When you control the visuals, you can guide and shape the narrative to better bolster your own case. Visuals also enhance the ability of your jury to retain case facts and essential information. A great trial presentation can turn the tide of a case by crafting an overarching story that is most beneficial to your client.

For more information on trial presentations, or for help creating some of the compelling visuals we’ve discussed above, reach out to our Trial Presentation department at (800) 889-0111.

If you have questions on any of our services, please don't hesitate to get in touch with us.

Related posts.

5 Big-Firm Principles to Start Implementing in Your Small Firm Today

Just because your law firm is small, doesn’t mean it cannot be mighty. In fact, smaller teams are often more agile because they’re accustomed to

Your Guide to Spotting and Addressing Burnout in Legal Professionals

The American culture of compulsive productivity has led to unprecedented levels of burnout among working professionals. Although burnout is not exclusive to the legal industry,

Controlling Critical Data After Employee Turnover

What do you think of when you hear the word ‘cybersecurity’? If you’re like most legal professionals, you’re probably thinking about installing protective programs and

Choose Your Experience

The FirstConnect you know and love is now even better, featuring enhanced capabilities and a streamlined interface for effortless navigation. Plus, enjoy simple, direct sign-on access to our Depositions and Records Retrieval portal, all designed with your convenience in mind.

• Trial Skills
• Jury Selection

Adding Power to Courtroom Presentations

By elliott wilcox.

Why are most PowerPoint presentations so dreadful? When was the last time you saw a presentation that was actually enhanced by PowerPoint? The reason PowerPoint decimates the effectiveness of most presentations is because the presenters don’t understand how or why to use it. Any lawyer who is planning to use it to illustrate points in their argument should partake in some powerpoint training first, because in the courtroom, PowerPoint can be a tremendous addition to your trial skills toolbox. This article will give you tips for improving your presentations, both inside and outside the courtroom.

The purpose of PowerPoint. PowerPoint is a supplement to, not a substitute for, your courtroom presentation. PowerPoint allows you to add visual imagery to your arguments, but slides aren’t the reason why the jurors came to your presentation. If PowerPoint presentations were that effective, you could stay home and just email the jurors a copy of your slides. The substance of the message comes from the presenter, not the slides. Once you accept this philosophy, your PowerPoint presentations will dramatically improve.

Guidelines for creating slides. Too many PowerPoint presentations become garbled and confusing because the presenter tries to cram too many ideas onto a single slide or uses every tool available from the Custom Animations toolbox. Follow these guidelines to minimize confusion and enhance understanding in your next PowerPoint presentation.

• One main point per slide. Slides are cheap (free, actually) so you don’t need to cram multiple points on a single slide. If you’re making an important point, give it a slide of its own.
• Keep it simple. Step 10′ away from your monitor and look at your slide. Does the main point jump out at you? Is it immediately clear to you? If not, you may have too much information on the slide.
• Use spell check. Check your presentation before you get to the room. Spelling errors can ruin an otherwise professional presentation.
• Font selection. Don’t use bizarre fonts – no one can read them. Stick with traditional, sans-serif fonts (ex. Impact, Helvetica, Arial) – they are easier for your audience to read. Also, use a large type size (40 pt or higher) for easier comprehension. If you must go outside of these, look for free fonts for commercial use for your presentation and keep in mind that clear is best.
• Make it easy on the eye. Your text should stand out from the background. Can you easily read the slide from the back of the room? Yellow text on a dark blue background works well, and so does black text on white, but experiment to find the color scheme that works best for you, your message, and your audience.
• Use images. Avoid PowerPoint’s standard clip art – everybody’s seen it. (How many times have you seen the picture of the man hitting his desk or the guy with the light bulb over his head?) Instead, use pictures. Search the web for royalty free stock photography, or use a digital camera to create your own. Be conservative in the number and style of images you choose. PowerPoint is a great tool for showing the jurors photos, exhibits, or documents as they are admitted into evidence, but the rules of evidence still apply. Make sure that your exhibits have been admitted before you present them to the jury.
• Keep a design template for each slide. Avoid the standard design templates that come with PowerPoint – everyone recognizes them. Create your own design template. Maybe you want to put your name, logo, or company name on each slide. If your firm does numerous presentations for the community, it may be worth the investment to hire a graphic designer to create a template for your slides.

Guidelines for presenting. Even well designed slides can’t communicate your message if you present them poorly.

• Avoid silly text animations or transitions. Admit it. You hate those stupid wipes, slides, and swirls between slides. You hate it when the text “types” out one word at a time or flies in from random corners of the slide. So does your audience. Minimize the custom animation effects and focus your attention on the substance of your slides.
• Don’t read the slides to your audience. Assume your audience is smart. Let them read the slide to themselves. If they’re too dumb to read the slide, they probably can’t grasp the points you’re trying to communicate anyway. To make sure they have enough time to digest the information, read it to yourself, quietly, at least twice.
• Can everyone see it? Get to the courtroom early so you can look at the screen from various spots in the jury box. If you can’t see the screen, rearrange the room layout so that all of your jurors can see the screen.
• No shadow puppets. Don’t walk between the projector and the screen – it distracts the audience.
• Don’t compete with the slides. If you’ve finished discussing the information on the slide and don’t want the slide to draw away the audience’s attention while you speak, dim the screen. Hit “B” to turn the screen black, or “W” to turn the screen white.
• Burn a copy “for the record.” Consider how a PowerPoint will look for the appellate court. Many guilty verdicts have been overturned because of prosecutorial mistakes during closing argument, and some substantial verdicts have been overturned on appeal because of improper closing arguments. To ensure a complete record for the appellate courts, consider burning a CD or printing out a hard copy of your (or your opponent’s) presentation and adding it to the court record. Whether it’s in the courtroom or in the appellate courts, the record is important because… “If they can’t see it… they can’t see it!”
• Have a backup plan. Sooner or later, it’s going to happen. The computer will crash, the projector won’t work, a virus will eat your presentation… Whatever happens, have a backup plan and be prepared to present without your slides. When the substance of your message comes from you, not your slides, you’ll deliver a powerful presentation, with, or even without, your PowerPoint slides.

Comments policy: Be cool. Uncool things (infantile comments, racist crap, spam links, etc) will be removed.

Leave a Reply

Your email address will not be published. Required fields are marked *

4 thoughts on “ Adding Power to Courtroom Presentations ”

• Pingback: Criminal Trials and PowerPoint: The Importance of Juror Engagement | ss_site_title

Great article, thanks for useful information

Here is some nice free PowerPoint templates for presentations.

• Pingback: Blawg Review #155 | The California Blog of Appeal

Connection denied by Geolocation Setting.

Reason: Blocked country: Russia

The connection was denied because this country is blocked in the Geolocation settings.

Please contact your administrator for assistance.

• Help and information
• Comparative
• Constitutional & Administrative
• Criminal Justice
• Criminology
• Environment
• Equity & Trusts
• Competition
• Human Rights & Immigration
• Intellectual Property
• International Criminal
• International Environmental
• Private International
• Public International
• IT & Communications
• Jurisprudence & Philosophy of Law
• Legal Practice Course
• English Legal System (ELS)
• Legal Skills & Practice
• Medical & Healthcare
• Study & Revision
• Business and Government
• Share This Facebook LinkedIn Twitter

A Practical Approach to Effective Litigation (8th edn)

• Table of Cases
• Table of Statutes
• List of Abbreviations
• 1. The Growing Focus on ‘Effective’ Litigation
• 2. An Overview of the Litigation Process
• 3. Dispute Management, Project Management, and Risk Management
• 4. ADR, Settlement, and Part 36 Offers
• 5. Legal Practitioners and the Developing Professional Context
• 6. Financing Litigation
• 7. Defining Objectives, Advising a Client, and Taking Instructions
• 8. Establishing and Analysing Facts
• 9. Making Best Use of Law to Define Issues
• 10. Legal Letters and Opinions
• 11. Making Strategic Use of the Pre-Action Stage
• 12. Drafting Statements of Case
• 13. Joining the Right Parties
• 14. Pursuing Appropriate Remedies
• 15. Issuing Proceedings, Track Allocation, and Directions
• 16. Defending an Action
• 17. Active Case Management and the Use of Sanctions
• 18. Costs Management and Budgeting
• 19. Evidence and Disclosure
• 20. Witness Statements
• 21. The Potential Roles of Experts
• 22. Procedural Rules as Practical Tools
• 23. Preparing a Case for Trial and Drafting Skeleton Arguments

24. Presenting a Case in Court

• 25. Costs Orders and Assessment
• 26. Challenging a Judgment
• 27. Enforcing a Judgment
• Susan Blake Susan Blake Director of Studies and Associate Dean, Inns of Court School of Law
• https://doi.org/10.1093/law/9780198715948.003.0024
• Published in print: 05 March 2015
• Published online: June 2015

This chapter discusses the process of presenting a case in court. It begins with an overview of the trial process, covering the timetable, the claimant's case, the defendant's case, closing speeches, and judgment. It then explains the importance of good presentation and advocacy in winning a case. This involves focusing on the issues on which the judge needs to reach a decision; presenting the case clearly, coherently, and concisely; developing and presenting an overall theory for the case — a single story can be more convincing than a lot of separate arguments; and developing persuasive arguments that pull elements of the case together and deal with any gaps. The remainder of the chapter covers the judgment of the case; the drawing up of orders; and the form of orders.

• civil cases
• civil trials
• civil litigation
• trial process
• legal practice

You do not currently have access to this chapter

Please sign in to access the full content.

Access to the full content requires a subscription

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 01 July 2024

• Cookie Policy
• Privacy Policy
• Legal Notice
• Accessibility
• [81.177.182.159]
• 81.177.182.159

Characters remaining 500 /500

What is a Trial Presentation? Everything You Need to Know

by Carolina Barbalace | Jul 31, 2023 | Present in Court | 0 comments

Attorneys go to court ready with a trial presentation. So should you. 

You may be asking yourself, what is a trial presentation?

A trial presentation is a visual and legal aid designed to present your evidence, argument, and legal analysis in a way that is easy for the judge to follow and understand. 

Why is it important to use a Trial Presentation?

Make your case stronger: .

You want to be as persuasive as possible when you’re in court. A trial presentation helps you present your evidence in a way that’s easy for the judge to understand and see the strength of your case.

Preparing a Trial Presentation not only helps you present your evidence effectively but also assists you in organizing your thoughts and arguments. With a well-structured outline and identified key points, you can ensure that you cover all the important information in a logical and easy-to-follow way.

Show the Judge You’re Credible:  

When you’re in court, it’s important to come across as credible and prepared. With a trial presentation, you can showcase your evidence professionally and organized. The judge will see that you’ve made the effort to build a strong case and deserve their serious attention. It also demonstrates that you value the judge’s time and are conscientious.

Also, a trial presentation can make the judge more engaged and focused. By using visual aids, such as graphs, charts, and photographs, you can capture the judge’s attention and help them to better understand your argument. These visuals bring your case to life and make it easier for the judge to follow along.

What should be included in a Trial Presentation?

Opening statement:.

The beginning of your trial presentation is crucial. It all starts with an opening statement that sets the stage for your case. This statement introduces the judge to the important facts, aligning them with the specific legal elements involved. It’s your chance to clearly state what you seek from the judge.

When crafting your opening statement, remember that it shapes the impression of your entire case. You want to convey confidence, organization, and preparedness. Keep it concise, focusing on the key facts that support your argument. Avoid overwhelming the judge with unnecessary details.

Include a chronological timeline of the events and evidence in your case. This timeline is a valuable asset that helps the judge follow the events leading up to your case. By visually organizing your evidence on a timeline, you can demonstrate when crucial facts occurred and how they connect. Doing this gives the judge a deeper understanding of your case’s context and empowers them to make an informed decision.

To make the most of your timeline, ensure that each piece of evidence on the timeline is assigned a page number corresponding to its location in your trial presentation. This way, the judge can easily navigate to the relevant evidence, facilitating a smooth and efficient review of your case.

Damages Table:

A damages table is a vital component that showcases all the damages you claim in a neat and structured format, complete with accurate calculations. This table plays a crucial role when presenting your case to the judge, allowing you to show the exact amount of money you deserve

Think of the damages table as a handy list that outlines the money you seek. By having a damaged table, you can ensure that you cover all the different types of money you need to ask for, leaving no important details behind. This organized approach presents a compelling case and helps the judge understand your arguments easily, making a favorable decision more likely.

Finally, include copies of all the evidence supporting your case in your trial presentation. From documents and text messages to emails, photographs, and videos, leave no stone unturned in presenting the full picture.

Also, ensure that each piece of evidence is clearly labeled. Moreover, organize your evidence logically and chronologically so the judge can easily navigate each piece.  

In conclusion, a trial presentation can help strengthen your case and be more persuasive. It allows you to organize your thoughts, gain the judge’s trust, and keep everyone engaged in the courtroom. By following the steps and including these important sections in your presentation, you can clearly present your case and increase your chances of winning. Take advantage of this opportunity to confidently share your side of the story, leave a lasting impression, and achieve a favorable outcome in your legal journey.

Learn more about different legal topics

4 Legal Elements of a Breach of Contract Case

Common Law Terms

How to Write a Demand Letter in 10 Steps

Security Deposit Facts You Should Know

Find the Legal Name of a Defendant

Need help with your justice journey.

The quest for justice is never easy, particularly when it comes to getting your money back. However, thanks to advances in technology, it has become easier. Quest for Justice’s first app, JusticeDirect , is the only app of its kind designed to support people without lawyers to resolve their disputes and get their money back, both in and out of court. The first step to getting money back is through a letter demanding payment from the other party JusticeDirect offers customizable demand letters for free. If the letter demanding payment does not work, then the next step is taking them to court. JusticeDirect * will guide users every step of the way through the small claims court process by helping them:

• Understand the legal process;
• Evaluate the pros and cons that come with taking someone to court;
• Generate small claims court forms; and,
• Avoid common mistakes when filing your forms and serving notice on the other side.

Check out some of our videos

Discover more from JusticeDirect

Subscribe now to keep reading and get access to the full archive.

Type your email…

Continue reading

(800) 789-0084  

• Apr 20, 2021

Creating an Effective PowerPoint Presentation for a Legal Proceeding

PowerPoint presentations have long been used in the courtroom to deliver important arguments to a judge and jury. Although this technology is not new, many attorneys still struggle to use the software effectively. Without the right tools, even the strongest legal arguments may be lost on the audience.

The Basics: Know Your Screen

The type of screen on which your presentation will be displayed makes a significant difference in its visual clarity. An older pull-down screen in a courtroom may not be as easy to view as a large high-definition monitor. The lighting in the presentation environment also has a large impact on the screen.

At TrialSpectrum, Inc., our team of professionals carefully studies the location of your presentation, whether it is a large courtroom or a small conference room. This allows us to create a PowerPoint presentation that is tailored to the specific environment in which you will be presenting.

Fonts and Colors

The font type and font colors you select for your PowerPoint presentation determine whether your audience is able to read the information you are delivering. For example, did you know that sans serif fonts are usually easier on the eyes? Capitalizing every word in a block of text is also generally ineffective, and many background colors can cause many viewers’ eyes to strain. At TrialSpectrum, Inc., we know the best types of fonts and font colors to use to ensure your audience is able to read text, regardless of their age or visual acuity.

Do Not Read from the Screen

A PowerPoint presentation is a visual aid . A visual aid should support an attorney’s presentation—not be the entire presentation itself. An attorney should use a PowerPoint presentation to drive home important facts and legal arguments. If the attorney simply stands in front of a judge and jury and reads from a slide, the attorney risks these individuals becoming bored and unimpressed.

At TrialSpectrum, Inc., we will work with you to help you use a PowerPoint presentation as a supplemental tool to strengthen your legal arguments. We will help you practice and will provide tips to you to increase the effectiveness of your delivery.

Plan Your Position

Where you stand during a PowerPoint presentation is important. You want to be able to address your audience while tying your statements to the slides that are displayed. Stand too close to your audience and they may focus on you instead of the PowerPoint. If you stand too far away, the audience may become distracted.

The team of professionals at TrialSpectrum, Inc., will help you determine where you should stand to deliver your message effectively. We will also discuss body language and whether you should move about the room at all during your presentation.

A Variety of Visual Elements

One of the greatest advantages of using PowerPoint software is its ability to include a variety of visual elements into a single presentation. Attorneys are able to incorporate photos, audio clips, videos, graphics, animations, and a variety of other pieces of evidence into a single presentation. Because everyone learns information differently, a PowerPoint presentation is an excellent tool to use to ensure the audience understands both the facts of a case and the laws and regulations that may affect them.

Contact TrialSpectrum, Inc. Today to Begin Creating a PowerPoint Presentation

The team of litigation consultants and trial technology experts at TrialSpectrum, Inc., has the tools you need to elevate your legal arguments. We not only create effective PowerPoint presentations, but we also work with you to ensure you are comfortable using the software. We are available the day of your presentation as well to assist with any technological issues you may have. To learn more about our company and the services we offer, call 800-789-0084 or visit www.trialspectrum.com.

Recent Posts

Your Case Visualized

Trial Exhibit Boards: Are They Still Relevant?

Using Video Testimony During a Trial

Compilation and Presentation of Evidence

ARTICLE 2 October 2023

Evidence is how you or the opposing party can prove or refute the facts in your case.

When presenting evidence in a trial, it's essential to consider a series of recommendations to avoid problems in the final stages of the case, states our Head of Litigation and Arbitration Department, Rubén Rivas.

"The compilation of evidence involves the search, acquisition, and organization of documents, records, witness testimonies, experts, and any other means of proof that may be relevant to the case. This process may include research, requesting documents from third parties, conducting interviews with witnesses, and obtaining expert reports," says Rivas.

Our associate attorney lists the steps for compiling and presenting evidence:

• Know the rules of evidence: Familiarize yourself with the specific rules and procedures governing the presentation of evidence in the court where the trial takes place. This includes knowing the objections that can be raised, authenticity requirements, and admissibility standards.
• Gather relevant and credible evidence: Identify and carefully gather evidence that supports your case. Ensure that it is relevant to the issues in dispute and credible. This may include documents, records, witness testimonies, photographs, or other means of proof.
• Prepare and organize your evidence: Organize your evidence clearly and systematically to facilitate its presentation at the trial. Use labels, indexes, or folders to keep it orderly and accessible. Additionally, prepare additional copies of relevant documents to share with the court, attorneys, and involved parties.
• Obtain affidavits or testimonies: If you have relevant witnesses, make sure to obtain their affidavits or written testimonies in advance. This will allow you to present their testimonies consistently and coherently during the trial.
• Consult experts: If the evidence requires specialized knowledge, consider consulting experts in the relevant field. These experts can provide opinions and technical analysis that support your case and help interpret the evidence more accurately.
• Be clear and concise when presenting evidence: When presenting evidence during the trial, be clear, concise, and focused on key points. Avoid digressions or irrelevant details that may distract or confuse the court. Use charts, images, or audiovisual media if necessary to enhance the understanding of the evidence.
• Maintain objectivity: When presenting evidence, avoid manipulating or distorting it to support your position. Evidence should be presented objectively and honestly, allowing the court to assess its weight and credibility.
• Prepare your witnesses: If you have witnesses who will testify during the trial, make sure to prepare them adequately. Review relevant facts with them, the questions they will be asked, and potential objections. This will help ensure that they provide clear and coherent testimonies.
• Respect the court's rules: During the presentation of evidence, follow the judge's instructions and adhere to procedural rules. Avoid unnecessary interruptions, do not interrupt opposing attorneys, and maintain a respectful tone at all times.
• Work closely with your attorney: Collaborate closely with your attorney in the preparation and presentation of evidence. Trust their expertise and follow their advice on how to present your case more effectively.

-Written by the Torres Legal Team.

You are using an outdated browser. Please upgrade your browser to improve your experience.

Gathering, Organizing, and Presenting Evidence

“well begun is half-done” applies to trial preparation – especially in relation to gathering, organizing, and presenting evidence in family law cases..

“Well Begun is Half-Done” applies to trial preparation – especially in relation to gathering, organizing, and presenting evidence in family law cases. 

By William Geary, Family Lawyer

Two things that have not really changed are collecting evidence from witnesses and methods to obtain and organize documentary and other types of evidence for presentation.

Gathering, Organizing, and Presenting Evidence: A Primer for Family Lawyers

Your witness list.

Your potential witnesses can (and usually do) include family members, employers, tax preparers, counselors, physicians, educators, coaches, records keepers, and others. When the court requires a pretrial statement from you, you will draw up a list of people who fit in the above categories. Make sure that the list includes the following information:

1. The witness’ address and contact information. 2. The witness’ availability to appear at a hearing or trial. 3. The witness’ willingness to appear at a hearing or trial. 4. Whether the witness’ employers will permit them to testify. 5. How to process a subpoena for the witness. 6. What evidence you would need the witness to produce. 7. Most importantly, what the witness will be able to add to your case.

Talking with your potential witnesses well in advance of a trial may reveal weaknesses or strengths in your case – or even other witnesses or evidence you were unaware of before speaking with them.

Gathering Documentary Evidence

At one time, getting documentary evidence was a cumbersome and time-consuming task: you would ask the client for copies of bills, receipts, tax returns, etc. and when the client eventually found them, they would either bring the documents to your office or mail them to you. Now, clients usually respond to a request for documentary evidence with a scanned version of the document within minutes.

What about evidence regarding court rules or the law? Instead of going to the library and looking it up, most rules and laws are available to be printed online. What about evidence from commonly consulted sources? Again, the answer is online. The same applies to many things such as auditors’ valuations of real estate, purchase prices for real estate, stock prices, incorporators of companies, statutory agents of companies, and prior marriage, divorce, dissolution, or custody records.

With the rise of social media usage, our clients often offer extremely valuable information created and posted by the other party. Note: You should never have a member or employee of your firm pretend to be a “friend” of someone who may be posting unsavory information about your client – but if your client or some legitimate contact of the other side has lawfully received such information, it may be very helpful to your case. We have had total custody changes in cases based mainly upon what one of the parties was posting on social media as opposed to what the party was telling the guardian ad litem.

Gathering, Organizing, and Presenting Evidence: Voicemails and Recordings

We are also receiving more and more voicemail evidence and recorded conversations. Note: It may be illegal in your jurisdiction to record conversations or record the conversations of two other people, even if they are in the same conversation in which one is participating. Therefore, check the law before considering using any recorded conversations as evidence – and well before suggesting that a client record conversations with their ex. If there is a large number of long voicemails, other potential issues include:

• Being able to get to the relevant portions of the voicemail/recording(s) without boring and potentially angering the court.
• Having the “full and complete” voicemail/recording for presentation or back-up to your sections.
• Planning ahead on how to present these in court.

If possible, check with your Judge or Magistrate regarding presenting voicemail/recordings in the following manner: presenting a “summary record-ing” that has just the relevant portions from your full recordings. “Pre-index” the full recordings and the places where things can be found (“CD 1: Track 3 – 0 hours, 56 minutes” or “CD 4: Track 1 – 2 hours, 3 minutes” etc.) so that you can find the relevant portions quickly. Keep a similar list regarding your “summary recordings.”

Keep the lists with you and with your list of exhibits. This allows you to reach each of the pertinent sections and play them as needed. Placing the full and complete recordings into evidence along with your excerpts should preempt any objection that the excerpts have been taken out of context. Ready your client (or whoever originally made the recordings) to identify and verify the complete sets as well as the excerpts, which the client should actually have prepared.

Bring a laptop to court to play the recordings. Line them up in the order in which you are going to use them, and ensure the full recordings are easy to find and access at a moment’s notice. Burn CDs with the summaries and the full recordings so that you can provide a CD to opposing counsel in exhibit exchanges – and also so that the recordings and summaries can be marked, identified, and entered into the record as exhibits.

Organizing Your Evidence to Present in Court

The best way to start organizing, from the beginning, is to create the following:

1. Pretrial statement. 2. Spreadsheet. 3. Trial notes. 4. Trial notebook.

1. Pretrial Statement

You know that the court is going to have you attend a pretrial sooner or later and that you will have to do a pre-trial statement, so why not start one at the very beginning of the case? Starting it then, will give you a working document and list so far as evidence to be presented from witnesses, recordings, voice-mails, and documentary evidence are concerned. No more going back through file after file to find what might need to be in the statement and no more of the same when preparing for trial. Preparation of the pre-trial statement from the beginning will help you keep track of issues and the evidence and witnesses who need to present evidence for those issues.

2. Spreadsheet

Nothing can help you track assets and debts or changes in those or give you a bottom line relating to different allocations like a spreadsheet, so why not start one at the very beginning of the case? As you are supplied evidence of different assets, debts, or incomes, you can list them in the spreadsheet, noting the amount, date, source of the evidence, and witness information if necessary. Different scenarios from different potential de facto dates, for instance, can keep track of the different values and different exhibits you may need. This spreadsheet will also help you see what you still need, and if there are exhibits missing for certain portions.

3. Trial Notes

You know that you are going to have to develop a guide to your questions regarding all the information you have to present and all the issues you will have to cover, both in hearings and trial. Why not start your trial notes at the very beginning of the case? Starting it then will give you a working document and list for questions, issues, and evidence. Again, at the end, no more going back through file after file to find what might be good for you to cover when preparing for trial. Indexing issues or themes so that they are easy to access will help you efficiently update potential questions for trial. Insert copies of exhibits or e-mails so that when you are questioning someone at trial you will have exactly what you need in front of you. Preparing and amending as you go along in your case is much, much easier than trying to put all of this together at the end. Keeping a list of “things to do” at the beginning of your trial notes will also help keep you on track for records depositions, records, experts, and all other matters of preparation.

4. Trial Notebook

Whether your court requires it or not, you should have a trial notebook with all your exhibits in it when you go to trial. Exhibits would ideally flow in the same order as the testimony you want to present (but that is not always possible) and they should, hopefully, be organized by and grouped under themes. Starting this notebook from the beginning – perhaps even including some of the other side’s pleadings, motions, and financial or custody affidavits – will give you a good basic reference source to use as you prepare for trial and as you present your case.

To quote Mary Poppins: “Well begun is half-done.” That applies to trial preparation – especially in relation to gathering, organizing, and presenting. Good organization, from the very beginning, should result in the best possible presentation.

Attorney William Geary practices solely family law in Ohio. He is admitted to the Ohio Courts, the Federal Court for the Southern District of Ohio, and the Supreme Court of the United States. www.columbusfamilylawyer.com

Related Articles

Gathering and Presenting Evidence From identifying bias in reports to preparing your witness to building a psychological case in court, here are some great tips on gathering and presenting evidence to support your case.

How to Best Capture Digital Evidence for Your Case Digital evidence can be compelling in court or at the settlement table, but it’s absolutely critical to understand that there is a right way and a wrong way to capture, preserve and present this type of evidence.

Authentication of Digital Evidence The authentication of digital evidence in the legal system has failed to keep pace with the growth in digital information; the volatile nature of digital evidence makes the Federal Rules of Evidence woefully inadequate and in need of change.

About the Author

Atif Nadeem

Atif Nadeem is the Digital Marketing Director at Divorce Marketing Group.

Leave a Reply Cancel Reply

Your email address will not be published. Required fields are marked *

©2022 Divorce Marketing Group, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Web Accessibility | Reproduction in whole or in part without their written permission is prohibited.

• Location, Hours & Parking
• Transportation Grants

• Our Mission
• Board and Officers
• Teacher Advisory Council
• The Courthouse
• The Federal Courts
• Photo Gallery Tour
• Schedule a Tour
• Summer Teacher Institute
• The Supreme Court and My Hometown
• Citizenship in the Nation for Scouts
• Girl Scout Day at the Courthouse
• Bill of Rights Day 2024 Contest
• Student Art Competition 2024 Winners
• Tinker v. Des Moines Exhibit
• Program Photos
• Student Center Landing Page
• The Role of the Federal Courts
• Organization of the Federal Courts
• How Courts Work
• Landmark Cases
• Educator Center Main Page
• Online Learning Resources
• Comparing State and Federal Courts
• Law Day Lessons and Activities
• Your Day in Court

Though many people choose to plead guilty or settle before trial, anyone is within their right to take their disagreement to trial.  After voir dire , the trial begins.  Each step of the trial process is part of a rigorous system driven by a single purpose – to protect the rights of citizens by resolving disputes fairly.

(c) Sam Fentress, Courtesy of HOK

1. Opening Statements

Every trial proceeds in basically the same way.   Both parties are seated in the courtroom.  In a criminal trial, this includes the prosecuting attorney for the government, as well as the defendant and their defense attorney .  In civil cases, both the plaintiff and defendant , and their respective attorneys, if any, need to be present.

The attorneys will begin by making their opening statements .  The attorneys use this time to give the jury an overview of the case they intend to present.  They are just statements, however, and cannot be considered as evidence by the jury.  The side bringing the case is the side that bears the burden of proof , and thus always goes first.  This is the prosecuting attorney in a criminal case, or the plaintiff in a civil case.  The defense then follows with their opening statement.

As the trial moves forward, the prosecutor or plaintiff presents their case, but the defense has an opportunity to respond.  This process of two sides going back and forth, is the heart of our trial procedure, and is based on an adversarial system .

2. Presenting the Prosecution/Plaintiff's Evidence

Opening statements are followed by the case-in-chief .  The prosecutor or plaintiff’s attorney again goes first.  They present evidence in the form of physical evidence or documents and also the testimony of witnesses.  A witness is someone who has personal knowledge of a situation that may be helpful to the jury in deciding the outcome of the case.  This personal knowledge is shared with the judge and jury through a series of questions between the witness and the plaintiff’s attorney or prosecutor.  This is called direct examination .

Once the direct examination is finished, the defendant’s attorney gets an opportunity to question the witness.  This is called cross examination .  When the cross examination is complete, the judge may allow the plaintiff to ask more questions in response to things mentioned during cross examination.  This is called re-direct examination .

Once the prosecutor or plaintiff has presented all their evidence and witness testimony, and the defendant has had a chance to cross examine, the prosecution or plaintiff then rests their case.

3. Presenting the Defense's Evidence

The defendant then presents their evidence and witnesses in the same fashion; by direct examination.  The plaintiff or prosecution is allowed to cross-examine, and the defendant gets to ask further questions on re-direct.

In a federal criminal case, because the burden of proof is always on the prosecution, the defendant never has the burden of doing anything.  This means that the defendant does not have to present any evidence whatsoever.  Additionally, the defendant has a constitutional right to remain silent in order to prevent self-incrimination when testifying.  If the defendant doesn’t think the prosecution has proven the case, they may chose not to take the witness stand or to present any further evidence.

On the other hand, in civil cases , it is almost always in the defendant’s best interest to disprove the claims of the plaintiff.  Therefore, the defendant will usually testify in a civil trial.  Sometimes, the plaintiff calls the defendant as a witness.  When this happens, the defendant is called a hostile witness .

Evidence is used by the parties to prove or disprove unresolved issues in the case.  There are rules in place to govern how evidence is collected, what evidence can be admitted in the case, and how the judge and jury may consider evidence to render a decision.

If you watch television programs that depict the legal process, you may incorrectly think that physical evidence is the most common type.  Actually, the most common type of evidence is provided by witness testimony .  Often witness testimony may be the only evidence presented.  It’s up to the jury, or the judge in a bench trial, to decide the true facts from what is said by each party and each witness.

• Eyewitness testimony – The testimony of someone who observed the actual event taking place.
• Witness testimony – Testimony of a person who has personal knowledge of relevant information.  Because this witness is not an eyewitness, inferences will need to be made by the jury or judge based on the testimony.
• Expert witness testimony – Testimony of a person who is qualified to help the jury or judge understand specialized details of the case.  Expert witnesses are asked to express their professional opinion during the trial.
• Physical evidence – Physical objects and documents can be used by either side to prove or disprove issues.  An example would be DNA, fingerprints, or a photograph.

All witnesses must swear or affirm that their testimony will be truthful.  If a witness makes false claims while under oath , they can be charged with perjury , which is itself a crime.

If you’ve watched a fictional trial on television, you’ve probably heard a character scream “I object!”  Objections do happen in the courtroom, though they are usually less dramatic.  During testimony, the opposing party can formally object if the questioning is not following the rules of evidence.  Unlike on television, the attorney making the objection has to state a legal reason for interrupting the testimony.  There are many kinds of standard objections.   The following are examples:

• Hearsay – Even if a witness didn’t directly observe the event in question, they still may only testify from their own personal knowledge.  Discussing something that was said by another person is called hearsay, and is prohibited.
• Irrelevant – Witness testimony must be related to the issue or event in question.  Off-topic testimony is not allowed.

Ruling on objections.   Because it’s the job of judges to interpret and apply the law, they rule on each objection.  If the objection is sustained , the attorney must stop that line of questioning and move on to the next question.  If the objection is overruled , the attorney can continue with the question.  All objections and rulings are recorded in the official record of the trial by the court reporter.

4. Closing Arguments

Once the attorneys for both sides have presented their evidence, they each will give closing arguments .  This is their opportunity to summarize for the jury, and draw attention to the facts that support their side.  The closing arguments are not evidence. The plaintiff or prosecutor goes first, followed by the defendant.

5. The Jury's Verdict

After closing arguments, the judge will give final jury instructions to the jury

The judge will instruct the jury to select a foreperson who will act as their organizer and spokesperson.  The judge will give them a verdict form to complete, and they will then retire to the deliberation room to decide upon their verdict.  All deliberations of the jury are private and confidential, and do not become part of the official court record.

Once the jury has reached a verdict , the foreperson alerts the court it has done so.  This may take one hour, one day, or one week; there is no time limit or deadline.  In federal court, all jury verdicts must be unanimous.  All parties are called back to the courtroom and the foreperson or the clerk officially announces the verdict in open court.  A criminal verdict can only be guilty or not guilty on each of the charges.   When defendants are found not guilty, they are free to go and can’t be tried again for the same crime.  This is called protection from Double Jeopardy , found in the 5 th Amendment .  If the defendant is found guilty, the punishment is to be decided by the judge, at a later date.

A civil verdict can be much more complicated, and may include whether or not the defendant’s actions or lack of actions caused injury to the plaintiff, and, if so, then the amount of compensation or penalty the plaintiff has to pay.

• U.S. Sentencing Commission
• Sentencing Guidelines

Next Page →

• Faculty/Staff

The Brilliance of Balance

Grow Academically, Personally, and Completely.

Sessions run from June 10 to July 19 , 2024.  Register today !

There's brilliant potential within you that goes beyond academic achievement.

At Pres, you'll discover the way to unveil this powerful potential is to focus not only on intellectual growth, but true, whole personal growth as well. Here, you'll certainly grow intellectually, but you'll also grow emotionally, spiritually, and socially. You'll achieve as a student and scholar—but most importantly, you'll achieve the best, most successful and complete version of  you .

Think, innovate, create, perform, connect and engage.

Be immersed in exciting, challenging, fun experiences.

Contribute to the world. And then get ready to change it.

Give of yourself. Make an impact. Make a difference.

Embrace what makes you uniquely who you are.  

Define and strive for your very own version of success.

Pres is the place.

Your web browser does not support the <video> tag.

Find your shine

Get ready to dive into your dynamic, exciting high school years comfortably and confidently, being well, doing well, making lifelong connections, and preparing for a lifetime of possibilities! You'll look forward to each day as a new chance to participate, think critically, fulfill your curiosity, engage the community, work hard and play hard. You'll have the time, space, support and tools you need to prepare for all the amazing opportunities that await you in your continuing education, your career, and beyond.

School Calendar

Happening at pres, the pres blog.

Imagine spending a week out in the desert in a house full of fellow students and teachers you recently met. During the day, you cross the border to meet with migrants who speak a different language and learn about their lived experiences. One day involves a hike across the desert, providing a simulation of the immigration journey. That’s how Sophia, a student at Presentation High School, chose to spend a school break as part of the Kino Border Initiative immersion program.

We are excited to announce that Presentation High School's literary magazine, Boundless Volume V, Between the Lines, has been awarded the prestigious Recognizing Excellence in Art and Literary Magazines (REALM) distinction by the National Council of Teachers of English (NCTE).

In a groundbreaking collaboration, students from Presentation High School have partnered with the Bellarmine Student Advocacy Club to champion a public policy initiative aimed at addressing mental health concerns among youth.

SEE MORE BlOG POSTS

Stay connected

Watch CBS News

Newly released photos from FBI's Mar-a-Lago search show Trump keepsakes alongside sensitive records

By Melissa Quinn , Robert Legare

Updated on: June 25, 2024 / 4:10 PM EDT / CBS News

Washington — Newly revealed photographs taken by the FBI during its August 2022 search of former President Donald Trump's South Florida resort shed further light on how the former president kept keepsakes from his time in office alongside documents bearing classification markings.

The photos, some of which had not been publicly released, were included as exhibits accompanying a Monday court filing from special counsel Jack Smith in the ongoing federal case against Trump in South Florida. Prosecutors have accused the former president of mishandling records containing the nation's secrets after leaving the White House in January 2021 and obstructing the Justice Department's investigation.

Trump was charged with 40 counts , including the unlawful retention of national defense information, and has pleaded not guilty . His presidential campaign did not immediately return a request for comment on Smith's latest filing.

The filing from Smith's office is in response to an effort by Trump to toss out the indictment and suppress all evidence seized during the court-authorized search of Mar-a-Lago. More than 100 documents bearing classified markings were recovered by the FBI in August 2022, and 21 of the records underlie counts of willful retention of national defense information that Trump is charged with. In all, federal investigators collected over 300 sensitive government records during their investigation into the former president. 

Trump has argued that the FBI agents who executed the search warrant failed to maintain the order of the documents as they were found and did not take photos to show the sequence of records in each box containing them. 

The special counsel acknowledged in a May 3 filing that there were some boxes where the documents were not in the same order as they were at the time of the FBI's search. But prosecutors have contended the alterations were inconsequential to the underlying conduct Trump and his two codefendants are accused of and wrote "where precisely within a box a classified document was stored at Mar-a-Lago does not bear in any way" on the defendants' ability to properly examine evidence. 

Trump's legal team has claimed that the failure to keep the documents intact and the order maintained violated his due process rights. They accused prosecutors of withholding information about the records' sequence because it would undercut their claim that Trump knew classified documents were stored in the boxes alongside other personal items and willfully retained them after his presidency.

Smith's team, though, argued in his latest filing that there is no basis for throwing out the charges against Trump because of a disruption of the precise order of documents seized from Mar-a-Lago.

"Trump personally chose to keep documents containing some of the nation's most highly guarded secrets in cardboard boxes along with a collection of other personally chosen keepsakes of various sizes and shapes from his presidency," prosecutors on the special counsel's team said. 

They accused the former president of maintaining the boxes containing sensitive material in a "haphazard manner" and said the FBI agents who conducted the search "did so professionally, thoroughly, and carefully under challenging circumstances." Smith is separately seeking to bar Trump from making public statements that endanger law enforcement officers involved in the case. U.S. District Judge Aileen Cannon, who is presiding over proceedings, did not seem receptive to prosecutors' arguments to modify the conditions of his release during a hearing on the matter Monday.

See the photographs taken by the FBI during its search of Mar-a-Lago and included in Smith's filing:

The photos taken by Walt Nauta , an aide to Trump, in late December 2021 show boxes in a storage room at Mar-a-Lago that had fallen over, their contents spilled onto the floor. Nauta was also charged by Smith in the documents case and has pleaded not guilty. 

Prosecutors said that one of those fallen boxes, identified in court filings as A-35, contained a classified record that the FBI recovered during its August 2022 search. A photo taken by the FBI  during the search shows stacks of boxes, including A-35, in the storage room at Mar-a-Lago, roughly eight months after Nauta sent a text message that included the images of the fallen boxes.

Smith said in his filing that the classified record in box A-35 underlies Count 8 of the indictment, which describes the document as dated Oct. 4, 2019, and concerns "military capabilities of a foreign country." The record has a "SECRET//REL TO USA, FVEY" classification marking, according to the indictment. FVEY is the Five Eyes intelligence alliance comprised of Australia, Canada, New Zealand, the U.S. and the United Kingdom.

During the search of Mar-a-Lago, a group of agents and members of the so-called Evidence Response Team reviewed the boxes from the storage room to look for any documents bearing classification markings that were subject to seizure, according to Smith's team. If such a record was found, the team member removed it, separated it, recorded the box where it was located and replaced the sensitive document with a placeholder sheet, prosecutors explained in their filing.

That placeholder sheet was a preprinted classified cover sheet, but after agents ran out of those cover sheets, they used blank pieces of paper with "handwritten annotations to identify the document," according to Smith's filing. 

As part of the process, the Evidence Response Team took photos of the documents, with the cover sheets added by FBI agents, next to the box they were found in, prosecutors wrote. 

In addition to searching the storage room, the FBI also went through the "45 Office," which consisted of an anteroom where staff had desks, the former president's office, a closet attached to Trump's office, and two bathrooms. 

Agents with a filter team, which first looked for any material that might be deemed privileged, found in the closet a "blue, covered, leatherbound box full of various papers, including numerous newspapers, newspaper clippings, magazines, note cards of various sizes, presidential correspondence, empty folders, and loose cover sheets for classified information, as well as documents marked classified," according to the special counsel's filing. 

The filter team member then alerted the case team, whose agents were investigating the case, that documents marked classified had been discovered in the box, and two agents went through it, the filing states. They found "numerous" documents with classified markings, some of which had classification cover sheets attached, as well as loose cover sheets, the special counsel's team said.

The FBI took  photos of the blue box  with its cover off , prosecutors wrote.

Smith and his team argued in his filing that the contents of the boxes belonged to Trump and no one else, and said agents going through them during the Mar-a-Lago search found keepsakes "valuable only to Trump."

Prosecutors wrote that the boxes "had no apparent organization whatsoever" and contained an array of items: clothing, picture frames, magazines, shoes, newspapers, newspaper clippings, greeting cards, binders, Christmas ornaments and correspondence. Photos taken by the FBI show the boxes and some of their contents to "provide a sense of the variety of items" in them, with classified cover sheets positioned alongside the boxes, according to Smith's filing.

Katrina Kaufman contributed to this report

• Donald Trump

Melissa Quinn is a politics reporter for CBSNews.com. She has written for outlets including the Washington Examiner, Daily Signal and Alexandria Times. Melissa covers U.S. politics, with a focus on the Supreme Court and federal courts.

More from CBS News

Supreme Court rejects Steve Bannon's bid to remain out of prison on appeal

Biden says he doesn't debate as well as before but knows "how to tell the truth"

Disappointed Democrats stick with Biden after rough debate performance

What would happen if Biden stepped aside from 2024 presidential race?

Behind the Curtain at the Supreme Court

A rare glimpse into where the country’s biggest legal cases unfold..

By Abbie VanSickle Photographs by Amir Hamja Jun. 24, 2024

The Supreme Court conducts its work largely out of public view, letting its opinions stand as one of the most visible markers of the justices’ rigorous debates on all aspects of American life.

The justices typically take the bench to announce their decisions after presiding over arguments that have touched on some of the thorniest topics in the country: guns , abortion and the scope of presidential power .

No cameras are allowed.

The New York Times received rare access to capture the courtroom during a momentous term.

The nine justices sit behind a mahogany, wing-shaped bench, their spots designated according to seniority. The most junior justices sit on either end, with the chief justice occupying the center chair. The seating chart shifts when a justice leaves the court and a new one joins.

All the chairs match. The justices initially brought their own, but Chief Justice Warren E. Burger thought it looked “untidy” and ordered uniform chairs tailored to each new justice. Originally, the bench was straight across the front of the courtroom. However, the justices had trouble seeing and hearing one another and, in the early 1970s, it was angled.

The pageantry of the court continues to this day. At 10 a.m., a marshal ushers in an argument session by crying out, “Oyez, oyez, oyez.”

Lawyers sit at tables on either side of a wooden lectern, where they present from. Lights fastened to the lectern alert them to how much time they have left. White quill pens are placed on the tables when the court sits for argument, a custom dating to its earliest days.

The justices enter the courtroom together through the heavy red velvet curtains behind the bench. Courtroom sessions, which begin each year on the first Monday of October, include oral arguments, admission of new members to the bar and, later in the term, the announcement of decisions.

Only once the coronavirus pandemic began did the court break with tradition and start streaming live audio of arguments. The handing down of opinions, however, is a ritual that can only be witnessed in person.

Members of the news media sit on benches against the marble columns. William Howard Taft, who as chief justice led the charge for a Supreme Court building, is credited with helping anticipate the role that journalists would play in shaping the public’s view of the court.

Lawyers in the Supreme Court bar, who are allowed to practice before the court, sit in rows of chairs behind the counsel tables.

The architect of the building, Cass Gilbert, designed classical rosettes for the ceiling. They were created in part to give texture to the ceiling to absorb sound, according to the Supreme Court Historical Society.

Marble friezes, which span 40 feet in length and wrap the upper third of the courtroom, have been the source of controversy . Featured among the famed lawgivers across history is the Prophet Muhammad, drawing disapproval among some Islamic leaders in the 1990s who had called for his face to be sandblasted off. Islam strongly discourages depictions of the prophet.

He joins other carved figures meant to show the majesty of the law and the power of government, including Moses, Confucius and Napoleon.

Before the Supreme Court building was constructed in 1935, the court was housed in state buildings and in the Capitol. Taft, the only person to serve as both president of the United States and chief justice, persuaded Congress to set aside funding for a permanent home.

The courtroom is almost square, with 30-foot Ionic columns that flank all four sides of the room. The furniture is Honduran mahogany. The marble is imported from Spain, Italy and Algeria.

Oral arguments and decision announcements are open to members of the public, who sit on these red benches and chairs. But seating is limited. To be guaranteed one of about 50 spots , would-be spectators line up outside the court. For major cases, crowds have been known to camp out overnight for a chance to glimpse the court in action.

According to a book on the Supreme Court by Fred and Suzy Maroon, the heavy velvet drapes were added because the sunlight that streamed in from an inner courtyard could be so intense. They also helped with the acoustics, which were so muffled that Justice Felix Frankfurter suggested they should be declared unconstitutional.

The oak doors in the chamber feature ornate carvings. As with much of the building, the chamber appears older than it is. As Judith Resnik and Dennis Curtis , professors at Yale Law School, explained in a lecture and their book, “Representing Justice,” it “was designed to look old — as if it had been in place since the country’s founding.”

Only a slice of the Supreme Court’s work unfolds here. Secrecy is part of its institutional fabric: Few witness the justices at work and even fewer are privy to their internal deliberations.

• Share full article

Advertisement

FAQs About the FTC’s Broad New Ban on Noncompetes

Joseph M. Rancour Tara L. Reinhart David E. Schwartz Annie Villanueva Jeffers

• The FTC’s ban on worker noncompetes is broad, but it allows a few key exceptions, including current noncompetes with “senior executives” and those relating to sales of businesses. And certain entities, including true nonprofits, banks and common carriers are exempt from the rule.
• The rule is set to go into effect on September 4, 2024, but multiple legal challenges have been filed, and decisions are expected in July 2024 that may delay or prevent implementation.
• If it does take effect, employers will need to notify current and former employees with noncompetes that those agreements are no longer enforceable.
• Whether or not the rule takes effect, employers can still use various other contractual means, including NDAs, notice periods and gardening leave provisions, to protect intellectual property and other proprietary information.

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary.

Yet since becoming final on April 23, 2024, the rule has presented a host of practical questions that many companies are still working through. And it has already been met with intense criticism and significant legal challenges that may impact when, or even if, the rule will take effect.

We summarized the rule in detail when it was issued. In this article, we consider some of the key takeaways and practical questions relating to the final rule.

1. Does the rule really ban all noncompetes?

Most, but not all. The rule is very broad. It covers any contract that “prohibits,” “penalizes” or “functions to prevent” a “worker” from seeking or accepting work at another employer, or operating a business after they leave a company. The FTC intentionally left flexibility in the rule to potentially encompass practices that are not explicitly prohibited but have the effect of a noncompete.

The definition of “worker” includes all full-time and part-time employees, unpaid volunteers and independent contractors. It is important to note, however, that the ban does not apply to business-to-business noncompetes ( e.g ., such as participants to a joint venture agreeing to ancillary restrictions on business conduct), though such arrangements must still comply with the antitrust laws.

Despite its breadth, there are a few key exceptions to the rule:

• Certain companies not bound by the FTC Act. Banks, loan institutions, federal credit unions, common carriers like railroads and airlines, and nonprofit institutions are not subject to the ban. However, the FTC claims that it does have jurisdiction over tax-exempt corporations that act like for-profit businesses by deriving some profit from their work or paying top management for-profit-level salaries, with a particular focus on health care entities.
• Noncompetes with “senior executives” entered into prior to the effective date of the rule. Noncompetes with senior executives will be permitted to stand so long as they are executed before the effective date of the rule. “Senior executives” are employees earning more than $151,164 per year and with “policy-making positions” (a term that will be the subject of interpretation and likely dispute). Notably, companies are free to enter into noncompetes with senior executives before the rule takes effect.
• Bona fide sales of businesses. The FTC excluded from the rule noncompetes entered into by a person as part of a sale of (1) a business entity, (2) an ownership interest in a business entity, or (3) all or substantially all of the operating assets of a business entity.
• Franchisee-franchisor agreements. Noncompetes included in agreements between franchisors and their franchisees are not banned, but agreements between a franchisor or franchisee and its workers are banned.

2. Does the FTC really have this authority?

The FTC’s authority is in sharp dispute. Multiple lawsuits were filed shortly after the FTC announced its final rule. They argue that the rule exceeds the FTC’s statutory authority, violates constitutional and federal administrative law, interferes with the domain of state legislatures and ignores potential pro-competitive benefits of noncompetes.

Three challenges of note have been filed:

• Ryan, LLC v. FTC , in the U.S. District Court for the Northern District of Texas.
• Chamber of Commerce v. FTC , in the U.S. District Court for the Eastern District of Texas.
• ATS Tree Services, LLC v. FTC , in the U.S. District Court for the Eastern District of Pennsylvania.

Under the “first to file” rule, the Eastern District of Texas stayed the lawsuit filed by the Chamber of Commerce. The Chamber and various business groups, including the Business Roundtable, then intervened in May 2024 in the Ryan lawsuit.

The Ryan court indicated it will rule on the request for a stay and preliminary injunction by early July 2024. The ATS Tree Services court promised a decision on the preliminary injunction motion before it by July 23, 2024. That means at least two courts are expected to issue decisions on the FTC’s authority before the rule’s effective date.

3. When and how must companies comply?

When: The rule is scheduled to go into effect on September 4, 2024. But the cases mentioned above raise significant questions about the FTC’s rulemaking authority and could very well — and are widely expected to — delay or prevent the rule from taking effect. Companies should continue to consider compliance strategies, but we expect court actions to provide some clarity early this summer, well before the rule takes effect.

How: By providing written notice to current and former employees. The rule does not require legal recission of existing noncompetes or employment agreements. But, to comply, employers must provide notice to their employees and former employees by paper, mail, email or text message that their noncompetes are no longer in effect and will not be enforced. The FTC issued model language that will be considered compliant with the notice requirement.

4. What about noncompetes in dissolution provisions of partnership or LLC agreements?

It may depend on the structure. Where a noncompete agreement is executed before the final rule’s effective date involving a partner in a business who is responsible for its operations, the FTC has said such a person could qualify as a senior executive — assuming they may have authority to make policy decisions about the business. Further, the FTC noted that partners leaving a business could potentially fall under the “sale of business exception” if the partner was to leave the practice and sell its interests.

As a consequence, it could be advantageous to structure dissolution provisions in partnership or LLC agreements in such a way that the sale of business exception could apply to departing partners or members.

5. My business involves significant proprietary information. What can I do?

Employers can use various alternative terms in employment agreements to protect their legitimate interests. The FTC rule does not preclude employers from using other contractual protections such as customer nonsolicits, nondisclosure agreements, garden leave provisions and notice periods, as long as these provisions do not act as de facto noncompetes. Employers may also incentivize employees to not leave for a competitor through compensation, vesting schedules, bonuses with time-based contingencies and other retention tools, though the rule does not permit forfeiture-for-competition clauses.

6. How will the FTC enforce the ban?

The FTC is likely to use its internal administrative process or seek injunctions in court. The FTC has not yet publicly addressed its enforcement strategy. It may pursue administrative proceedings, which can lead to a cease-and-desist order against the offending employer, or it could seek federal court injunctions to force an offender to follow the rule, rescind existing noncompetes or provide proper notice.

The FTC asserts it could impose financial penalties for failure to obey cease-and-desist orders, but it is unlikely to be able to seek direct monetary relief for violations of this competition rule. It contends that its authority for this rule flows from its FTC Act powers to investigate and prevent unfair methods of competition. But that section does not provide a private right of action, nor does it expressly contemplate civil penalties or other monetary relief.

Given the pending legal challenges and the ambiguities discussed above, we expect there to be additional developments relating to this rule over the summer. We will be following them closely.

This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

UNITED STATES DISTRICT COURT Eastern District of Washington Honorable Stanley A. Bastian, Chief District Judge Sean F. McAvoy, District Court Executive/Clerk of Court Navigation Home Court Info Case Info Forms Fees Payments & Copies For Attorneys Representing Yourself Citizenship/Education Jury Info Domestic Violence Resources 2024 Joint POWER Act Presentation (Virtual Public Event) - Hosted by the District Courts for the State of New York, Sponsored by the Eastern District of Washington

In recognition of the important role the Judiciary plays in assisting victims of domestic violence and in compliance with the POWER Act, the Eastern District of Washington is pleased to cosponsor a virtual POWER Act event which will take place on Friday, July 19, 2024, at 10am (PST).     

To register for this event, simply click on the announcement and provide the requested information.   As the date draws closer, you will receive a meeting invitation to the email address you provide.  We recommend you sign in approximately 5 minutes before the event to ensure you can complete the connection.

In addition to this virtual event, the Eastern District of Washington is pleased to provide county specific resources available to assist survivors of domestic violence, dating violence, sexual assault, and stalking.   These resources are available via the following link: https://www.waed.uscourts.gov/domestic-violence-resources-and-information

Home | Contact Us | Employment | Glossary of Legal Terms  | Privacy Policy

Copyright © 2024, Eastern District of Washington

• Today's news
• Reviews and deals
• Climate change
• 2024 election
• Fall allergies
• Health news
• Mental health
• Sexual health
• Family health
• So mini ways
• Unapologetically
• Buying guides

Entertainment

• How to Watch
• My watchlist
• Stock market
• Biden economy
• Personal finance
• Stocks: most active
• Stocks: gainers
• Stocks: losers
• Trending tickers
• World indices
• US Treasury bonds
• Top mutual funds
• Highest open interest
• Highest implied volatility
• Currency converter
• Basic materials
• Communication services
• Consumer cyclical
• Consumer defensive
• Financial services
• Industrials
• Real estate
• Mutual funds
• Credit cards
• Balance transfer cards
• Cash back cards
• Rewards cards
• Travel cards
• Online checking
• High-yield savings
• Money market
• Home equity loan
• Personal loans
• Student loans
• Options pit
• Fantasy football
• Pro Pick 'Em
• College Pick 'Em
• Fantasy baseball
• Fantasy hockey
• Fantasy basketball
• Download the app
• Daily fantasy
• Scores and schedules
• GameChannel
• World Baseball Classic
• Premier League
• CONCACAF League
• Champions League
• Motorsports
• Horse racing
• Newsletters

New on Yahoo

• Privacy Dashboard

Lawsuit: Lone Tree pickleball courts causing ‘unbearable conditions’

DENVER (KDVR) — The city of Lone Tree is being sued for the noise created by pickleball players at its recreational center courts, according to a lawsuit filed Thursday in Douglas County.

The suit, brought by five Lone Tree residents, alleges that the noise has exceeded “all reasonable standards” and is depriving them of “quiet enjoyment of their homes and outdoor spaces.” The lawsuit also alleges that the city is refusing to close the courts.

‘We all watched it vanish’: Dozens saw bizarre UFO sighting at Red Rocks

“Meanwhile, the nuisance level noise rages on daily with the pickleball striking the paddles every two seconds up to thirteen plus hours a day,” the suit states. The group is alleging that they’ve demanded the courts be closed for the past seven months.

Pickleball, a sport inspired by badminton and tennis, started gaining popularity in recent years and is beloved by its players. Last year, groups fought over pickleball courts at Congress Park in Denver and in Centennial , but courts have continued popping up around the metro area.

According to South Suburban Parks and Recreation, which includes the Lone Tree Recreation Center, the facility includes six outdoor pickleball courts that are open from 8 a.m. to 9 p.m. every day. The facility also offers nighttime lighting, lengthening playtime for pickleballers.

According to the lawsuit, neighbors of the Lone Tree pickleball courts conducted a sound study to see how loud the game would get. The group said the noise level data is “undeniable,” and the courts created noise exceeding permissible noise levels by 10-15 decibels.

The lawsuit says that the average noise level of pickleball strikes is 62.1 decibels, while the state’s noise abatement statute dictates a daytime noise level of 50 decibels and a nighttime noise level of 45 decibels.

Lawsuit: Pickleball noise ‘unreasonable’ under city code

The Centers for Disease Control and Prevention’s National Institute for Occupational Safety and Health recommends a noise exposure limit of 85 decibels averaged over an eight-hour day to prevent hearing loss, and says this is about the level where a raised voice is needed to hold a conversation. The agency also notes that equipment that can produce noise levels over 85 decibels include lawnmowers, vacuums and power tools.

However, the group is arguing that the pickleball courts’ noise is “an unreasonable noise” based on city code, which defines it as “any sound which annoys or disturbs a reasonable person of normal sensitivities; or endangers or injures the safety or health of humans or animals; or endangers or injures personal or real property; and is the subject of a complaint made by any person.”

Two of the residents who brought the lawsuit argue in the complaint that they purchased a home in the area for “the sunset views from their patio” but cannot use it because of the “untenable noise” from the courts. They also allege that they tried to fix the issue by “installing a fountain and speakers on their deck, even at times wearing headsets while outside.”

“None of these methods worked,” the lawsuit continued. “The noise from the Courts is so intrusive that (the couple) can hear it while inside of their home.” One of the other residents who filed the lawsuit said the noise has affected his ability to work from home.

Rare, insect-carried disease found in Boulder County rabbit

Ultimately, the group is seeking for the pickleball courts to be shut down, for Lone Tree to be unable to reopen the courts unless they’re enclosed in a soundproof structure and to repay the group’s legal fees.

FOX31 has reached out to the plaintiffs and the city of Lone Tree about this case. The city told FOX31 that it does not comment on pending litigation.

Copyright 2024 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

For the latest news, weather, sports, and streaming video, head to FOX31 Denver.