You’re Second Chair for a Jury Trial; Now What?

Posted by wlansden | Filed under ,

By Eileen Burkhalter Smith 

Eileen Burkhalter SmithGetting there, of course, is most of the battle.  But now that you are second chair, the number-one support position, what do you do?  The answer is: it totally depends on the trial, the court, and the first-chair.  Communication is an absolute necessity.  Here are a few things, however, that I think are pretty important, and at which the second-chair should make sure someone is looking:

  1. Basic Logistics—including out-of-town witnesses, exhibits, trial technology, and accommodations.  Don’t forget about directions for those who may need it, and multiple phone numbers for everyone.  Do you have a war room nearby?  Will the Court have space for witnesses to wait in a separate room?  Do all the witnesses know that the trial may last 3 days? Is a court-reporter booked?  
  2. Trial Details—of course, all the directs and cross exams are divided between you and the first-chair.  If appropriate, ask to try a cross of an expert, or to argue a difficult motion in limine.  Also, be sure you have the rules—local, state or federal, chambers, and any particulars of the judge.  Something will most likely come up for which you have not planned.  Do you need a laptop and printer for in-trial motions?  Will the court allow oral motions?  Are deposition transcripts accessible at counsel table?  These come in very handy when a witness “forgets” what he said earlier in the case. 
  3. Picking the Jury—whether or not you are involved in taking the voir dire, this is an important area for the second chair.  Ask what will be the most helpful during the process.  Should you make notes of the answers of each venire?  Have you divided up the pre-trial juror research?  How will you deal with your strikes?  Does the Court allow back-striking? 
We all want everything to run as smoothly as possible.  It is a given though, that it probably won’t.  I think the key is doing as much as you can beforehand, and thinking of things that the first-chair is too busy to do.  Even a Tide-to-Go pen could be enough to get you your second experience as a second chair. 

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