This document provides tips for organizing and presenting content at trial in 3 sentences or less: The document outlines various organizational strategies for trial presentations including using primacy and recency to emphasize key points at the beginning and end, sequencing facts from least to most important, and using contrast, apposition, repetition, and duration to link and emphasize related facts. It also discusses strategies for developing content including using specific details to support overall arguments, choosing language to effectively pace and evoke events, using visual aids when possible, and providing headlines and transitions to maintain audience interest.

1. Trial Tools 1
Advocacy Tools:
How to plan for presentation
at trial

2. I. Advocacy Tools
• Organization
• Content

3. ORGANIZATION:
Primacy & Recency
• The basic rule: “People tend to remember the things
they hear first and last.”
• Important points should come at the beginning and
end of every presentation.
• Interment: Midpoints are remembered least—stick
your counterproductive & embarrassing points here.
• This rule can be applied to each subpart of the case:
not just the main parts!

4. ORGANIZATION:
Sequencing
: Establish predicate facts before
moving on to establishing ultimate facts.
: Establish context and purpose for a line of
questioning or presentation before starting it.

5. ORGANIZATION:
Sequencing
: Group connected evidence together and in
an order of increasing importance for maximum
impact.
: On cross-examinations work up a
series of “commitments” the witness makes from
least to most controversial “reducing at each stage
the witness’ latitude to deny your point (p. 18).

6. ORGANIZATION:
Contrast & Apposition
shows relationship of facts. This tactic
seeks to link together a series of facts that are
connected to a main point but disparate
chronologically.
seeks to highlight factual differences.
This tactic demonstrates conflicting facts which
are not necessarily chronological.

7. ORGANIZATION:
Repetition & Duration
The more time you spend on a topic,
the more important it will seem.
The more times a point is mentioned,
the more likely it is to be believed and
remembered (and understood).
• Don’t overuse these tools!

8. CONTENT:
Details
• Use smaller details to support a greater whole
Identify the jury instructions in
a mock trial case. These are the ultimate
conclusions you must lead the jury to make.
Identify smaller conclusions you
will need to walk the jury through to lead them to
the ultimate conclusions.

9. CONTENT:
Details
For each sub-conclusion,
identify all relevant evidentiary elements.
In general, using evidence to
prove specific sub-conclusions should be the goals
for each of your examinations (both direct and
cross).

10. CONTENT:
Reflection
• Pacing of language can be used to evoke time,
distance or intensity.
Makes events being depicted
seem faster, closer in time & space, more intense
and more disorganized.
Makes events being depicted
seem slower, further in time & space, less intense
and more organized and thoughtful.

11. CONTENT:
Evocation
• Use words to create visual pictures of events that
are authentic, memorable and compelling!
These words convey something
as it actually is—creating an actual image!
These words convey
judgments about “things”. Furthermore they turn
control of the image over to the hearer, rather
than the “storyteller.”

12. CONTENT:
Powerful Language & Precision
• Avoid ambiguity—speak as though you know
every aspect of the trial precisely. Do not use
terms like “probably, maybe… etc.”
• Assert yourself and be sure to clearly tell the
judge and the jury what you want at all points of
the trial.
• SAY WHAT YOU MEAN! MEAN WHAT YOU SAY!
KNOW WHAT YOU WANT!

13. CONTENT:
Visual Aids
• In general, visual memory is more accute than
aural memory.
• Always ask: “How can this idea be illustrated?”
• In Mock Trial, we are allowed two demonstrables
per side/ per trial.

14. CONTENT:
Headlines & Transitions
• Avoid tedium in trials! Make it as interesting as
possible!!
• Clue the jury that something of value is about to
happen.

15. CONTENT:
Headlines
“Let’s talk about your
education.”
“This case is about three broken
promises: This is the first one…”
“The defendant is a
murderer—and here is the one fact that proves
it!”

16. CONTENT:
Transitions
• After working through technical foundations,
refocus the jury with a transition question.
• “So, with this in mind, how did Mr. Smith react?”