evidence without a witness, as long as they are accompanied by a certification from the custodian of records. These records make very effective trial exhibits. They can generally be purchased in a variety of sizes to show several vantage points. They are exact and are drawn to scale. This helps to minimize wit- nesses’ natural difficulty in estimating distances. Your witness will no longer have to guess or estimate how far away the other vehicle is when they first saw it, or, for example, how far the defendant got through the intersection before the collision. These factors can more easily be determined by pointing to the plat and using a ruler to determine the exact distance. Using these records as trial ex- hibits takes the confusion and guesswork out of showing exactly where and how the collision occurred.
f.) Legal Issues Many types of claims are heard in the
District Court. They range from torts, contracts, landlord-tenant matters, to injunctive relief. Because the bench is confronted with such a wide range of types of claims, I find it helpful to arrive prepared to educate the Court about the particular law that applies to the matter at hand. Usually, this takes the form of a trial memorandum. This is noth- ing more than a brief memorandum in pleading form, containing all of the law that applies to the matter, whether statutory or case law. It is important to understand this is not an opportunity for advocacy. A trial memorandum should not contain any factual material or application of the facts to the law. It is designed solely to make sure the Court understands the legal issues involved. I have used trial memoranda to explain issues such as res ipsa loquitor, trespass as to land, and the notice requirement in premises liability cases. This way, once you have put on your evidence, the Court will be able to readily apply the facts to the law and render a decision. Although the trial memorandum itself is not advocacy, it is likely that you will have the Court’s full attention to your
Spring 2008
“Because the bench is confronted with such a wide range of types of claims, I find it helpful to arrive prepared to educate the Court about the particular law that applies to the matter at hand.”
argument having made an impression with your thorough preparation. Additionally, if there is a case or statute
that is particularly applicable, it is always a good idea to arrive with copies for the Court and opposing counsel. The same holds true for exhibits. Obviously, there is no requirement that you provide a copy to opposing counsel, but the prin- ciples of collegiality, professionalism, and civility make this a good practice. Professionalism always enhances your presentation and reputation. These tips should help to maximize
the effectiveness of your District Court trial presentation. Hopefully, they will aid in preparing an organized, profes- sional, and compelling presentation. Each of these techniques are designed to
minimize the attention the Court must pay to legal, procedural, and evidentiary issues so the focus of the trial can be directed where you want it. n
About the Author
John B. Bratt, Esq. is an attorney with Miller & Zois, LLC, an injury litigation firm located in Glen Burnie, Md. He received his J.D. magna cum laude from the University of Baltimore School of Law, where he was elected a member of the Heiusler Honor Society. He also holds a B.A. from St. Mary’s College of Maryland. He is a member of MTLA’s President’s Club and Amicus Commit- tee, and has lectured for MTLA and MICPEL.
Trial Reporter
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