Relevant documents prepared by investigators;
Relevant documents provided by the prosecution;
Reports, test results, and other materials subject to disclosure;
Voir dire topics, plans, or questions;
An outline or draft of counsel’s opening statement;
Cross-examination plans for all possible prosecution witnesses;
Direct examination plans for all prospective defense witnesses;
Copies of defense subpoenas and defense subpoena returns;
Prior statements of all prosecution witnesses (e.g., transcripts, police reports);
Prior statements of all defense witnesses;
Reports from defense experts;
A list of all defense exhibits, and the witnesses through whom they will be introduced;
Originals and copies of all documentary exhibits;
Proposed jury instructions, with supporting case citations if available;
A list of the evidence necessary to support defense requests for jury instructions;
Copies of all relevant statutes and cases; and
An outline or draft of counsel’s closing argument.
If counsel or the prosecution will seek to introduce an audio or video tape or a DVD of a police
interview or any other event, counsel should consider whether a transcript of the recording should be prepared and how the relevant portions of the recording will be reflected in the appellate record, when necessary, by stipulating those matters with the prosecution.
Counsel should be familiar with the rules of evidence, the law relating to all stages of the trial process, and legal and evidentiary issues that can be reasonably anticipated to arise at trial.
Counsel should decide if it is beneficial to secure an advance ruling on issues likely to arise at trial (e.g., use of prior convictions to impeach the client) and, when appropriate, counsel should prepare motions and memoranda for such advance rulings.
H. Throughout the trial process, counsel should endeavor to establish a proper record for appellate review. Counsel must be familiar with the substantive and procedural law regarding the