The Art of Conflict by Michael A. Kahn

Author:Michael A. Kahn
Language: eng
Format: epub
Publisher: BookBaby
Published: 2019-02-26T14:27:14+00:00

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5 Originally published in Ellery Queen Mystery Magazine (Sept/Oct 1999) and Mystery Midrash: An Anthology of Jewish Mystery and Detective Fiction (Jewish Lights Publishing 1999). The story received a 1999 Readers Award from Ellery Queen Mystery Magazine.

It’s Time to Try Your Case6

By Alan C. Kohn

Discovery is over. Interrogatories have been asked and answered. Documents have been produced. Requests for admissions have received responses. Depositions have been taken. The discovery date cut-off has come and gone. It is time to prepare for trial.

Let’s Get Organized: You Need a Trial Preparation BookThe first order of business is to get organized. That is key. If you are not organized and do not have your arms around the case, you will have an anxiety crisis, and you will not be comfortable with your preparation. When the trial judge calls the case for trial, you must say, “Your Honor, we are ready for trial.” And you must mean it. You should create a trial preparation book containing the following elements:

The PleadingsYou need a parallel analysis of all operative pleadings. On the left-hand side of the page, you summarize each allegation in the petition or complaint. On the right-hand side, summarize the answer to each allegation. Below that, you list the allegations of any counterclaim and the reply to each paragraph of the counterclaim. Now you should know what allegations have been admitted and what allegations need to be supported by evidence. You are feeling better already.

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