The primary purpose for introducing an item of evidence is case proof: proving or disproving an element of the plaintiff’s claims or the defendant’s affirmative defenses. Before addressing the finer points of advocacy in your case you must be assured if you’re plaintiff’s counsel that you can survive a directed verdict motion.
I have created a tool (PDF) that can help you think about the elements of proof in your case from the beginning. It’s a simple chart that first makes you think about and lay out the elements. If you’re not sure what those elements are get familiar with the standard jury instructions in your area of practice.
Once you’ve laid out the elements you then must brainstorm how each element is proven whether through witness testimony, a document, digital evidence or a tangible object. In some instances, evidentiary presumptions and inferences arising from the circumstances may establish an element for you unless rebutted by the other side.
Think of this elements tool as a template. Mold it to whatever case management software you use. Look at potential cases from an elements perspective and you just might avoid big intake mistakes.
