Practical Pointers for Trial Binders 03/29/2011

By Barbara Haubrich, ACP/CAS

I haven’t met a litigation trial lawyer yet that doesn’t use trial binders. In fact, binderizing a
complex case from the date of inception is a great way to help your attorney stay organized.

What are trial binders?

A trial binder is a binder where various documents are organized, properly tabbed, and indexed
at the direction of the attorney. There isn’t just one way to organize a trial binder; they can be
as diverse as the personality of the attorney using them.

Will any binder do?

My attorney prefers, and I have always used, Bindertek binders. They are very sturdy and
designed around law office functionality. Bindertek binders come in all sorts of sizes, colors,
shapes, and number of hole-punches. I personally prefer the binders that have the two-hole
punch on the left side. I find the two-hole punch binders easier to flip the documents, and less
damaging to the documents that are placed in the binders. Other features that I like about
Bindertek binders is the clamp that secures the documents in place, and the circular hole in the
back making it easy to pick up or pull out of cabinets.

When do you start to prepare the binders?

In a typical trial case, I start organizing the binders the moment the case is set for
trial. However, in larger cases, I will begin to organize the entire file in binders at the date of
inception of the case. It all depends on the complexity of the case and the volume of
documents that need to be organized.

How do you organize the binder?

There is not a right or wrong way to organize a trial binder. What works for one attorney, may
not work for another. I cannot emphasize this enough: All binders that will be used by an
attorney must be organized around the way the attorney thinks, not the way the paralegal
wants to organize the binder. Never lose sight that ultimately it is the attorney who will have to
find the documents in court. You do not want your attorney flipping through binders trying to
find something to present to the jury.

The size of the binder will depend on the type of trial and the volume of documents, but it is
very possible that more than one binder may be needed. If this is the case, it is helpful to make
every binder the same size and color, clearly labeled on the exterior of the content and volume
number. It is also important to label the binder with the attorney’s name and contact
information, in the event the binder is misplaced.

On smaller trial cases, my trial attorney prefers one binder to be set up in the order
below. This seems like a lot, but organized it easily fits into one binder.

1. Notes
2. Voir Dire
3. Opening Statement
4. Closing Statement
5. Direct Examination/Cross Examination
6. Notices to Appear/Subpoenas
7. Damages
8. Plaintiff(s)’ Pretrial Documents, including separate tabs for the Statement of the Case,
Witness List, Exhibit List, Jury Instructions, Motions in Limine, Briefs, and Orders.
9. Defendant(s)’ Pretrial Documents, including separate tabs for the Statement of the
Case, Witness List, Exhibit List, Jury Instructions, Motions in Limine, Briefs, and Orders.
10. Plaintiff(s)’ Expert Witnesses
11. Defendant(s)’ Expert Witnesses
12. Deposition Summaries

On moderate to larger cases, I will have multiple binders organized by groups of

documents. For example, separate binders for:

1. Notes, Voir Dire, Opening Statement, Closing Statement, Direct Examination/Cross

Examination by witness, and Notices to Appear/Subpoenas.
2. Pretrial documents (sometimes each party has their own Pretrial binder).
3. Expert witness exchange that includes the exchange and any supplemental exchange,
CV and fee schedule for each expert, any reports generated by that expert, and attorney
notes.
4. Condensed deposition transcripts and deposition summaries.
5. Medical records.
6. Discovery with each party having their own binder.

My attorney does not like the pleadings placed in binders, but there are many attorneys that
prefer the entire file be organized in binders. Again, you are organizing the binders around the
needs of the attorney.

If there are a large number of exhibits to be marked during the course of a trial, my attorney
will ask that I make an exhibit binder tabbed in the order the exhibits will be marked during
trial. I will then make an exhibit binder for all of the attorneys and the judge to use during trial.

If your attorney is comfortable with computers, some attorneys prefer to use electronic trial
notebooks, with folders on a computer organized in the same manner that you would have had
the documents been organized in a binder.
Other ways to use binders throughout a case include:

In document intense cases, binders can be used to organize the discovery documents
for use during deposition.
In cases where a large number of depositions have been taken, binders can be used to
organize condensed deposition transcripts, accompanied by the deposition summary or
attorney notes.
In cases where there has been a large investigation, placing the investigation material in
a binder is extremely helpful to an attorney. This has proven very helpful when a Cal-
OSHA investigation has been conducted or a large volume of photographs have been
obtained.
In cases where there has been large volumes of discovery exchanged, binders can be
used to organize the discovery by party.
In cases with large volumes of medical records, it is helpful to organize the records in
binders by medical providers.
Organizing subpoenaed records in binders makes for quick reference and location of
documents.
In cases with numerous expert witnesses, maintaining an expert binder is extremely
useful, particularly when it comes time to designate expert witnesses.

Barbara Haubrich is an Advanced Certified Paralegal in Trial Practices and Wrongful Death. She is also a California
Advanced Specialist in Civil Litigation. Barbara is the creator and author of The California Litigator, a website that is
designed to provide resources and facilitate discussions relating to California state civil litigation. The California
Litigator includes a bi-weekly e-zine on all topics relating to civil litigation. Additionally, Barbara is the owner and
creator of Deadline Direct, a downloadable deadline calculating gadget for your Microsoft 7 or Vista computers.
Deadline Direct is a handy tool that gives you all the options you need in calculating deadlines and syncs a note
field with the calculation to Microsoft Outlook as a task, calendar event, or e-mail.

©Copyright 2011

DISCLAIMER: Barbara Haubrich, ACP/CAS, is not an attorney. Any information derived from The California
Litigator, and any other statements contained herein, are for information purposes only, and should not be
construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is
not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the
accuracy or reliability of the information provided within this newsletter, or to any other website to which
this newsletter may be linked.