Jury Selection

   
• Be ready for local JCP and TAP rules
   
• Having all witnesses under control
   
• Watch Batson violations
   
• Waiver of jury?
   
• Number of preemptory challenges to plaintiff depending on number of defendants
 

Openings

   
• Must state a cause of action against every party, including any third-party practice
   
• Must state every element of the cause of action
 

Witnesses

   
• Call enough witnesses to make out a prima facie case
   
• Qualify your experts
   
• Have proof of service of expert reports, authorizations, exchanges of reports, compliance with Preliminary conference order
   
• Witness can offer up to date testimony, e.g., physician who has performed a recent re-examination
   
• Leading questions, questions whose answer you don't know
   
• Objective and subjective reasons for strategic decisions
   
• Preserve issues and objections
   
• Offers of proof
 

Summations Through Verdict

   
• Time measure arguments
   
• Summing up knowing the judge's charge
   
• Preserve objections to charge, denials of request to charge, objections to summation, mistrial applications
   
• Special verdicts
   
• Poll jury
   
• Inconsistent verdicts
   
• Re-submission to jury
   
• PJI and hand-tailored charges to the Jury
   
• Avoiding prejudicial summation
   
• Filing of notice of appeal on verdict in addition to notice of appeal on judgment
   
• Make any post-trial motions in a timely manner.