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8. Consider the need for expert witnesses and what evidence must be submitted to lay the foundation for the expert’s testimony;

  • 9.

    Review all documentary evidence that may be presented;

  • 10.

    Review all tangible evidence that may be presented; and

  • 11.

    Be fully familiar with statutory and case law on objections, motions to strike, offers of

proof, and preserving the record on appeal.

  • F.

    In developing and presenting the defense case, counsel should consider the implications the defense case may have for a rebuttal by the prosecution.

  • G.

    Counsel should prepare all witnesses for direct and possible cross-examination. Counsel shall advise all witnesses about the sequestration of witnesses, the purpose of that rule and the consequences of disregarding it. When appropriate, counsel also should advise witnesses of suitable courtroom dress and demeanor.

  • H.

    Counsel should systematically analyze all potential defense evidence for evidentiary problems. Counsel should research the law and prepare legal arguments in support of the admission of each piece of testimony or other evidence.

  • I.

    Counsel should conduct redirect examination as appropriate.


If an objection is sustained, counsel should make appropriate efforts to re-phrase the question(s) and make an offer of proof.

  • K.

    Counsel should guard against improper cross-examination by the prosecution.

  • L.

    At the close of the defense case, counsel should renew the motion for judgment of acquittal on

each charged count.

M. Counsel should keep a record of all exhibits identified or admitted.

  • A.

    Before argument, counsel should file and seek to obtain rulings on all requests for jury instructions in order to tailor or restrict the argument properly in compliance with the court’s rulings.

  • B.

    Counsel should be familiar with the substantive limits on both prosecution and defense summation.

  • C.

    Counsel should be familiar with the local rules and the individual judge's practice concerning time limits and objections during closing argument, and provisions for rebuttal argument by the prosecution.

  • D.

    In developing closing argument, counsel should review the proceedings to determine what aspects can be used in support of defense summation and, when appropriate, should consider:


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