[EDRM Editor’s Note: EDRM is grateful to our Trusted Partner Nextpoint for permission to publish this article.]

The Nextpoint trial preparation checklist walks through every stage of preparing your case for a trial, hearing, or arbitration. This excerpt starts with steps you can take during discovery to set the foundation for a strong case and ends with key strategies to build a compelling narrative. Download the full checklist to get a complete trial prep workflow, plus a quick outline that summarizes each step.

Almost nothing in a trial, hearing, or arbitration should be left to chance. While popular culture might suggest that cases hinge on dramatic courtroom revelations, the reality is that successful outcomes depend on months — or even years — of methodical planning and preparation.

Whether your case resolves at trial, in arbitration, through a hearing, or even at the settlement table, the work you do to build a compelling narrative and organize your evidence will determine your success. This comprehensive checklist guides you through every stage of case preparation, from the early days of discovery through post-trial reflection, ensuring you’re ready to present your strongest argument in any forum. Use it as a roadmap to keep your trial preparation on track while maintaining the flexibility to adapt as your case evolves.

Plan ahead for trial prep

Start thinking about the end result of your case during discovery and other early stages of the litigation process. It will be easier to build your story if you keep the end goal in mind from the beginning. Planning ahead allows you to identify critical evidence early and begin constructing your narrative while discovery is still underway.

Build your document review coding panel to reflect case themes

Document review platforms like Nextpoint allow for custom coding panels that enable users to design document review around the themes of the case, going beyond simple designations like “responsive” or “nonresponsive.”

• Create codes and tags for key case themes and issues that align with your anticipated trial narrative.
• Include fields for categorizing documents by their importance to your narrative (e.g., “hot doc,” “key evidence,” “background only”).
• Design the coding structure to facilitate easy retrieval during trial prep.
• Train review team on consistent application of theme-based codes.

Flag “hot docs” during document review

“Hot docs” are the critical documents that will eventually end up attached to filings, blown up and used as exhibits, or endlessly picked apart during depositions.

• Design your coding layout to tag critical documents as you encounter them.
• Flag documents likely to be attachments to filings.
• Mark exhibits that may need enlargement for courtroom display.
• Identify documents that will be essential for depositions.
• Note documents with compelling quotes or information that could become visual callouts.

Communicate with opposing counsel

We always recommend meeting with opposing counsel to establish ESI protocols before discovery starts, regardless of whether it’s required in your jurisdiction. This meeting will primarily be focused on the technical aspects of ediscovery, but you’ll get the most out of it if you think ahead to the trial prep stage. Here are a few items to keep in mind related to trial prep:

• Determine document exchange method.
  • Secure, instant file sharing will allow you to incorporate evidence from opposing counsel into your argument faster.
• Agree on file formats for productions.
• Consider what format will provide the best quality for imaged documents that may end up in the final trial presentation.
• Specify metadata to be included with productions.
  • Metadata can play an important role in the presentation stage.
• Define access protocols for experts and witnesses (PDFs vs. online repository access).
• Document all agreements in writing.

Early planning and setup

Once you understand the scope of your case, make strategic decisions about the tools and methods you’ll use throughout the litigation process. These choices will significantly impact your efficiency during trial preparation.

Choose your software

Sure, you can stamp exhibits in Adobe Acrobat, create a presentation in PowerPoint, and build your case with materials scattered in various locations. But specialized software will make the process much smoother and more secure. Instead of managing a slate of distinct platforms, look for one solution that meets all your needs, so that your team can collaborate efficiently with all case materials in one place. Here are the key components to look for in a case prep platform:

• Evidence management: You should be able to organize evidence, stamp exhibits, and track the progress of your case with a dashboard or similar tool.
• Case-building: Your tool should enable you to tag evidence with key case themes and help you find patterns and connections across the materials.
• Chronology and timelines: The chronology of your case is essential to your story. Visual timeline builders will help you bring your narrative to life.
• Deposition transcripts: A deposition platform will allow you to analyze transcripts alongside synced video, add designations, and generate reports. You’ll also be able to examine testimony alongside the rest of your evidence.
• Trial presentation: Ensure you have a reliable method for displaying evidence smoothly at trial.
• Discovery: A case prep platform that’s connected to your ediscovery software is a huge bonus. It enables a fluid exchange of information between discovery and trial prep, especially as these two stages often bleed into one another.
• Trial services: Some software providers, like Nextpoint, also offer trial services. This is another helpful addition that reduces time spent searching for external support for the case.

Organize the evidence

Organize your evidence strategically to reduce friction when it’s time to stamp exhibits and share them with external parties.

• Decide upfront how evidence should be grouped so that it’s easy to apply stamps in the correct order and generate exhibit lists when the time comes.
• Decide on a naming convention, location, and color for exhibit stamps.
• Determine if you will need confidentiality stamps and how they will be applied.
• Ensure your decisions are in line with any standing agreements with opposing counsel.
• Begin to organize the evidence into folders and categories and refine your system as needed.

Build your case story

Every effective case presentation tells a compelling story. Your job is to organize the evidence into a clear narrative with identifiable conflicts, rising action, and a logical conclusion. Think of your case like a novel — the judge, jury, or arbitration panel should be able to understand your story in just a few sentences.

Analyze the evidence

Use tags and coding in your software to organize the evidence around the key themes of your case.

• Create organizational categories for the following elements:
  • Facts: Important events, legal claims, defenses.
  • People: Key individuals and organizations in the matter.
  • Issues: Vital questions of law that the case will address.
• Analyze evidence and connect supporting documents to each category.
• Look for patterns and connections between the various elements you identify.
• Track relationships between witnesses and look for consistency or contradictions in their narratives.
• Frequently pause to evaluate progress and look for emerging themes in your analysis.

Map out the case chronology

As your understanding of the case grows, so too will the complexities. Outlining a simple chronology will help simplify the myriad elements at play.

• Identify critical events for the case timeline.
• Sequence events chronologically with supporting documentation.
• Use timeline tools to create compelling visual representations.
• Build your timeline as the backbone of your final presentation.
• Refine timeline as new evidence emerges throughout discovery.

Consolidate core narrative elements

Examine the information and connections you’ve gathered to construct a winning case story. Start from the basics and build on this foundation.

• Define the who, what, and when of your story:
  • The “what” — the key issues and themes at stake and the facts and claims that support your position.
  • The “when” — the chronological timeline of events.
  • The “who” — the cast of characters and key players.
• Identify the conflicts and rising action in your narrative.
• Draft your core case story in a few clear sentences.
• Determine the logical conclusion you want the fact-finder to reach.
• Identify the key pieces of evidence that lead to this conclusion — these will form the foundation of your presentation.
• Start from this narrative outline and fill in the details to construct your final presentation.

Download the full trial preparation checklist to see the rest of the workflows, including deposition management, witness prep, presentation strategies, and a quick summary checklist that brings it all together.

Assisted by GAI and LLM Technologies per EDRM’s GAI and LLM Policy.