You will need to prepare several documents in anticipation of a civil trial in Massachusetts. Often courts will not explicitly tell you that these documents are required. Moreover, the procedural rules used by the courts are often silent on what documents actually need to be submitted prior to the trial date. Nevertheless, if you fail to produce the needed trial documents, you will definitely get an earful from the judge.
So what documents should you prepare? At a minimum, you will need the following.
Whether you’re going into a jury trial or a bench trial, you will need:
List of Witnesses
This is no more than a list of the witnesses that you and opposing counsel intend to call to testify during the trial.
List of Exhibits
Both litigants must compile a list of all the exhibits they intend to introduce at trial. Typically the exhibit list is divided into “agreed exhibits” and “unagreed exhibits.” Each exhibit should be numbered in advance of trial.
If you are preparing for a jury trial, additional documents will be necessary.
Jury Instructions
You will need to prepare a set of instructions that specifically pertain to the claims made in your lawsuit. So, for instance, if you’re claiming that the defendant breached the terms of a contract, you will need to prepare “breach of contract” jury instructions which explain the applicable law to the jurors. There are model jury instructions for most types of claims, e.g., breach of contract, negligence, 93a deceptive business practices, etc. Little editing should be needed to get these instructions ready for your case.
Statement of the Case
A general summary of the case should be written for the judge to read to the jury. This summary should be neutral and non-argumentative. It should be as short as reasonably possible, no more than a page or two.
Jury Verdict Slip
Finally, you’ll need to prepare a verdict slip for the jury to use when rendering its decision. Like the jury instructions, the verdict slip should be case-specific. Unfortunately, I know of no “model verdict slips” that a litigant can use to help prepare the document.
Customarily the plaintiff or his attorney prepares the first draft of these documents. The drafts are then sent to defense counsel for his review and revisions. The wording of trial documents is often a point of contention and too much bickering between the attorneys will almost inevitably irritate the judge. So it’s best to get working on these items as early as possible so that there are no delays on the day of trial.
If you don’t know where to start with any of these forms, I suggest going to your county’s law library. Also, please keep in mind that additional paperwork may be necessary depending on your case and the court in which it’s pending.