This webinar’s focus is on the “nuts and bolts” of a civil trial. Panelists discuss witness preparation, the selection and presentation of exhibits, motions in limine, opening statements, direct and cross-examination, and closing arguments. They will also address issues that often arise during trials and how best to present a case to the finder of fact. To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/anatomy-of-a-trial-2021/

2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.

4. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
4

5. Meet the Faculty
MODERATOR:
Steven Reingold - Saul Ewing Arnstein & Lehr, LLP
PANELISTS:
Stephen L. Brodsky – Mazzola Lindstrom LLP
Richard Hellerman - The Law Office of Richard K. Hellerman, P.C.
Matt Reedy - Massey & Gail LLP
5

6. About This Webinar – Anatomy of a Trial
This webinar’s focus is on the “nuts and bolts” of a civil trial. Panelists discuss witness
preparation, the selection and presentation of exhibits, motions in limine, opening statements,
direct and cross-examination, and closing arguments. They will also address issues that
often arise during trials and how best to present a case to the finder of fact.
6

7. About This Series – Newbie Litigator School
This webinar series is one of several series (together with the other “Newbie Litigator School”
series) that Financial Poise designed specifically for attorneys who are just starting to get
involved in civil litigation or who could use a refresher on some litigation fundamentals. The
purpose is to introduce you to different components and phases of litigation, from the basic
rules of civil procedure and evidence, to dispositive motions, through trial, and on to appeal
and post-judgment matters.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
7

8. Episodes in this Series
#1: TROs and Preliminary Injunctions
Premiere date: 7/20/21
#2: ADR & Settlement
Premiere date: 8/17/21
#3: Anatomy of a Trial
Premiere date: 9/14/21
8

9. Episode #3
Anatomy of a Trial
9

10. Preparation for Trial
• Knowing your trial themes
✓ What are the key points you need to make throughout trial?
▪ What is the essential story you need to tell?
▪ Why should the judge or jury like and believe your client?
▪ What is the most important evidence supporting your case?
✓ Organize your presentation of evidence around those themes.
▪ What do particular documents and witnesses contribute?
▪ How will you use them in closing to tell your story?

11. Choosing Your Evidence
• You will use far less evidence at trial than was produced in discovery
• Testimony and exhibits used at trial will only be a small portion of what you’ve gathered
• Avoid using too many exhibits at trial – winnow them down to the critical, most useful
exhibits

12. Choosing Your Evidence (cont’d)
• Know the elements of your claims and defenses
• It is never too early to use or refer to jury instructions, even in a bench trial
• Assign witnesses and documents to each element for which you have the burden of proof
• Do the same exercise for the other side in order to prepare any adverse witnesses

13. Understand Your Audience
• Bench vs. Jury Trial
✓ May alter impact of evidence
✓ May affect manner in which arguments is presented (oral or written)
✓ May determine whether case goes in as a whole or in parts
✓ May affect terminology used. The Judge will know what a “duty of care” is. A typical
juror will not without some explanation.

14. Formal Requirements of Trial Preparation
• Pretrial procedures vary dramatically depending on jurisdiction – you must know the rules
of your jurisdiction and your judge
• Many courts (including most federal district) require detailed pretrial orders that identify:
✓ Evidence to be presented
✓ Objections to exhibits and witnesses
✓ Responses to those objections
• Other jurisdictions are informal and will resolve issues on the fly during trial

15. Witness Preparation
• Witnesses will tell the jury your client’s story
• Use proper order of witnesses – avoid starting in the middle of your story if possible
• Primacy & Recency: first and last witnesses (and the beginning and end of your
examinations) tend to make the biggest impressions on the factfinder
• If deposition testimony is used in lieu of live testimony, consider how it will be presented

16. Witness Preparation (Cont’d)
• Make sure your witnesses understand how direct examinations work: they cannot be led!
• Make sure your witnesses know what can be expected when testifying, especially on
cross-examination
• Witnesses should review their depositions to avoid impeachments
• Make sure your witnesses are aware of your trial themes
• Avoid over-rehearsing presentation of witnesses

17. Using Exhibits
• Do as much as you can in advance. Which exhibits can be admitted by stipulation or
agreement?
• Know whether it will come in; what are the likely objections to it?
• Know how it will come in
✓ Even if there is no objection to the exhibit, a sponsor witness is useful to explain its
significance
• Know why you need it
✓ What role does the exhibit play in your trial story?
✓ What use are you going to make of it in your arguments?

18. Objections and Motions in Limine
• Motions in limine can prevent introduction of irrelevant or inappropriate evidence to the
jury
• When to file a motion in limine
✓ Issue is capable of being solved with limited context or on the law
✓ Seek advance rulings on objections or on whether evidence will be admissible
✓ May be desirable to help ensure important evidence is available
✓ Help identify what will need to be addressed with the jury

19. Motions in Limine
• Avoid filing a motion in limine just to enforce rules of evidence
✓ This tends to annoy judges
• Motions in limine can frequently be revisited at trial
• Denial of a motion in limine does not remove necessity of objecting to evidence at trial
• Grant of motion in limine may affect appellate standards if excluded evidence is
introduced despite the ruling on earlier motion

20. Trial Briefs
• A brief that may be used to highlight important legal theories or factual issues for the
finder of fact
• Used for different purposes depending on whether you have a bench trial or a jury trial

21. Trial Briefs: Jury Trial vs. Bench Trial
• Jury trial:
✓ Introduces the case in general
✓ Provides an analysis of legal issues that will arise during trial
✓ Helps the judge address objections that occur
• Bench trial:
✓ Addressed to the finder of fact, not just the judge presiding over the trial
✓ More similar to an opening statement
✓ May cross-reference to exhibits to provide context

22. Jury Instructions and Verdict Forms
• Does the Court require a certain type of form for jury instructions?
• Do the form instructions adequately cover your issues?
• Can you use/do you want a special verdict form?
• Know your jurisdiction’s rules on use of verdict forms and juror polling

23. Jury Selection
• Know your procedural and courtroom rules
• Who will question the jurors?
• How do you object for cause?
• How do you make a peremptory challenge?
• Use your themes in questioning jurors or presenting questions to be asked by the Court
• Use methodology to track information supplied by jurors (or even jury consultants, if your
case warrants it)

24. Opening Statements
• First opportunity to present your case to the jury and frame it in your favor
• Tell your story and focus on your trial themes
• Simplicity of presentation is key
✓ Tell your story chronologically
✓ Preview who will be telling the jury what during evidence
• Don’t over-promise and under-deliver
✓ Will undermine your credibility

25. Presenting Your Case
• Keep attention on the witnesses – don’t distract the jury’s attention
• Listen to the witnesses and help guide their testimony with well-crafted questions and
follow-up points
• Use your witnesses to help identify and explain significance of key exhibits
• Facts win cases

26. Cross-Examination
• Have a theory for each witness – are they dishonest, mistaken, or unimportant?
• Only give each witness as much attention as their testimony deserves
• Don’t attempt to be Perry Mason and try to overreach in cross
• Keep it simple – ask short, direct, leading questions
• Know the deposition backwards and forwards, but…
• Understand that live trial testimony is not the same as a deposition
✓ Watch other attorneys first to understand the practical differences

27. Trial Objections
• Brush up on evidentiary rules before trial
• Anticipate the testimony to make timely, appropriate objections
• Object when it matters
• Object to make a record for appeal if possible or necessary

28. Closing Arguments
• Can be more argumentative than an opening statement
• Retell your story with persuasive, vivid language
• Highlight and review the key evidence supporting your position
• Focus on your themes to remind the judge or jury why your client deserves a favorable
verdict
• Use the jury instructions as an outline or guide. Where do all the pieces fit?

29. Taking the Case Away From the Jury
• Federal Rule of Civil Procedure 50(a) and (b) and similar state court rules
• Motion for judgment as a matter of law (directed verdict) – takes the case away from the
jury prior to a verdict
✓ Can sometimes make strategic use of such motions at the end of opening
statements
✓ May be filed at any time before submission of case to jury
• Judgment notwithstanding the verdict (JNOV) – renewed JML motion that renders
judgment after a jury verdict
✓ May be filed up to 28 days after the verdict

30. Motion for a New Trial
• Federal Rule of Civil Procedure 59
• May be filed in the alternative to a 50(b) motion after verdict is rendered
• More lenient standard for a new trial than for a judgment as a matter of law motion
• Relief is to repeat the trial, not take the case from the jury

31. Presentation Tips
• Nerves are expected and normal – try to watch a trial ahead of time to work out practical
mechanics
• Be confident, not arrogant
• Be scrupulously polite to witnesses, jurors, and the judge
• Use simple language, not legalese
• Mind your nonverbal cues, body language, tone, speaking rate. Everything matters.

32. About the Faculty
32

33. About The Faculty
Steven Reingold - Steven.Reingold@saul.com
Steven Reingold represents companies and their owners, executives, directors, and officers
in complex disputes involving a wide variety of different industries. Drawing on more than two
decades of experience as a litigator in cases across the country, Steven handles claims
involving contracts and loan documents and has deep experience with shareholder litigation
and partnership disputes. Clients also look to Steven for assistance with matters involving
breaches of fiduciary duty. Steven is an experienced bankruptcy litigator and regularly
represents liquidating trustees and litigation trustees, as well as other parties, in Chapter 11
cases. While Steven is a veteran in the courtroom, he is mindful that litigation is not the only
way a client may wish to resolve a dispute. He is equally experienced at bringing matters to a
conclusion through negotiation, mediation and arbitration. He also counsels clients on
avoiding and managing litigation risks that may arise in their businesses.
33

34. About The Faculty
Stephen L. Brodsky- stephen@mazzolalindstrom.com
Stephen L. Brodsky is a Partner of Mazzola Lindstrom, LLP and is resident in the firm’s New York City office. Stephen has
practiced complex commercial litigation for more than twenty-five years. Over his career, Stephen has litigated significant, high
dollar matters in federal and state courts across the United States. He has argued at the trial and appellate levels and served as
trial counsel in both bench and jury trials. He also represents his clients in arbitrations, mediation, and administrative proceedings.
Finally, he resolves his clients’ matters through negotiations and without formal litigation. He is known for his creative problem
solving and thoughtful advocacy. He is rated AV Preeminent by his clients and peers, the highest professional rating.
Stephen received his J.D. from Columbia Law School, where he was a Harlan Fiske Stone Scholar and member of the Journal of
Law and Social Problems. He graduated from University of Pennsylvania, summa cum laude, where he studied Philosophy.
In addition to his practice, Stephen serves in several leadership roles in the New York State Bar Association and the American
Bar Association. He also writes and speaks on legal and business-related topics. He has been published in journals throughout
the country and presented CLEs and seminars to fellow attorneys and to business owners and executives.
On a personal note, Stephen is committed to charitable work. He is an Director of and Counsel to Autism Communities, a non-
profit establishing supportive residences, with social and vocational opportunities, for adults with autism in New York. He is also a
volunteer New York State Ambassador for Autism Speaks, a national organization dedicated to autism research, awareness and
advocacy.
34

35. About The Faculty
Richard Hellerman - rkhellerman@hellermanlaw.com
Mr. Hellerman is a seasoned business litigation attorney, representing individuals
and companies in a wide range of business disputes ranging from breach of contract to
emergent litigation arising out of restrictive covenants to disputes between owners of closely
held businesses. He has tried dozens of cases in several states and has approximately 15
reported appellate opinions to his name. But in addition to being a tenacious litigator, Mr.
Hellerman takes his role as counselor very seriously, and consistently counsels his clients to
make the best and most reasonable decisions to achieve their goals, which often results in
avoidance of, or at least the scaling back of, litigation. He gained his training and experience
at a venerable Chicago law firm where he worked for almost a quarter century. He has
leveraged his skills through his solo firm, which has been in existence since 2013. He has
been honored as a Super Lawyer in Business Litigation for each year since 2014.
35

36. About The Faculty
Matthew J. Reedy- mreedy@masseygail.com
Matthew Reedy has nearly a decade of experience as a commercial litigator. As Massey & Gail’s first
hire, Matthew has litigated a wide range of matters from class actions to individual cases involving
consumer fraud, ERISA withdrawal liability, breach of contract, fiduciary duty, tortious interference, and
other business torts. He has taken four cases to verdict in jury and bench trials from coast to coast and
successfully litigated four commercial disputes in arbitration. He has experience in every phase of
litigation, from dispositive motions and discovery through judgment collection and appeal. Matthew
earned his B.A. in 2006 from Northwestern University, where he was a member of the Northwestern
Debate Society. After two years as a consultant for Accenture, he enrolled in law school at the University
of Notre Dame where he was on the Dean’s List, earned the Dean’s Award in Constitutional Law and
graduated magna cum laude. While at Notre Dame, he was the Federal Courts, Practice & Procedure
Editor for the Notre Dame Law Review, served as President of the Sports, Communication &
Entertainment Law Forum, participated in Bengal Bouts and was Head Coach of the undergraduate
Parliamentary Debate Team.
36

37. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, or if you are watching this webinar On Demand, please do not hesitate to email us
at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
37

38. About Financial Poise
38
DailyDAC LLC, d/b/a Financial Poise™ provides
continuing education to attorneys, accountants,
business owners and executives, and investors. It’s
websites, webinars, and books provide Plain English,
entertaining, explanations about legal, financial, and
other subjects of interest to these audiences.
Visit us at www.financialpoise.com
Our free weekly newsletter, Financial Poise
Weekly, updates you on new articles published
on our website and Upcoming Webinars you
may be interested in.
To join our email list, please visit:
https://www.financialpoise.com/subscribe/