Let's assume the last-ditch settlement effort failed, and the trial is about to begin. Most civil cases begin with opening statements from the lawyers.

Opening Statements

Sometimes lawyers will waive their right to present an opening statement as a means to save time. However, opening statements are a good idea because they make each side state its perception of issues. They also help frame important issues for the judge and focus her attention on what is important to you.

Trial Paperwork

You, your lawyer, and your lawyer's staff have prepared a mountain of documents for the trial.

These documents will include most of the following:

1. Exhibits. There should be three copies of each: one for the court to mark into evidence and one for each lawyer.

2. A trial notebook prepared by your lawyer. At a minimum, it should contain an outline for the presentation of your case, including a topical outline of what needs to be covered, the order of witnesses to be called, and the order of exhibits to be admitted and by which witnesses. It should also include testimony outlines for your witnesses and how each contested exhibit will be admitted. The notebook will also include strategy reminders and topics or questions to ask the other side's witnesses.

3. Proposed findings to submit to the judge at the close of testimony. In some jurisdictions, courts allow lawyers to submit proposed findings at the end of trial. It's really your final argument to the judge put into the form of the judgment and decree.

4. Memorandum of law. A memorandum of law is a written document that sets forth the law on a particular topic and applies the law to the facts in your case.

5. Closing statement. Some jurisdictions will allow lawyers to submit a written closing rather than give an oral statement at the end of trial. This can be beneficial because it allows lawyers the time to review the testimony and evidence submitted at trial and concisely present a closing argument that will help persuade the judge to find in your favor.