Have you yet to try your first case, or has it been awhile since youíve been in front of a jury? Are you an out-of-state lawyer getting ready to try a case in South Carolina? If so, hereís good news for you! One of the South Carolina Barís most popular and important books is now fully updated in a third edition! It includes a trial primer for state and federal courts, and from magistrateís court to general sessions.
It couldnít come at a better time. Advocacy of South Carolinaís trial lawyers is unsurpassed in the nation. But itís no exaggeration to say that trial practice itself is on the decline across America. Legal journals cite statistics showing the number of jury trials diminishing dramatically. Trial advocacy is no longer a required course in South Carolinaís law schools. Because most cases settle, very few lawyers try jury trials anymore. In large firms, it's not uncommon for litigation associates and partners alike to practice law for a decade or more without ever trying a case to a verdict. Just as common are lawyers in smaller firms who shy away from the courthouse rather than having their own lack of courtroom skills exposed. Hundreds of new attorneys are graduating from law schools, and being unable to find work in traditional law firms, they must try cases without the benefit of advice from more-experienced partners.
Fortunately, most trial procedure is not rocket science. However, until you learn the rules, a courtroom can be quite unnerving to new trial attorneys. If you have yet to try a jury trial, or haven't done so in a while, So You're Going to Try Your First Case (Third Edition) is for you! This book is designed to give lawyers the up-to-date procedural rules and insider knowledge they need to get through a federal or state jury trial in South Carolina. So You're Going to Try Your First Case . . . . is written by veteran trial attorney Warren Moise, recipient of the South Carolina Barís first Trial and Appellate Advocacy Award. He was formerly an Adjunct Professor at USC Law School and now teaches advanced evidence and trial advocacy at the Charleston Law School. So You're Going to Try Your First Case . . . . gives you strategy, tactics, and courtroom basics such as: How do I strike a jury? How do I make a Batson motion? What is an "offer of proof," and how do I make one? Which magic words do I use for directed verdict motions or for asking experts their opinions about causation (a.k.a the "most probable rule")? Should lawyers rise when jurors enter the courtroom? What can I say and not say?
This updated version gives the most-recent analysis of punitive damages, and the appendix includes a roadmap about how to navigate the confusing pretrial procedure used in South Carolinaís federal courts.
If youíve never tried a jury trial, haven't done so recently, or are an out-of-state lawyer about to try a case in South Carolina - you need this book!
Summary of Contents
* The Judicial System in South Carolina
* Written and Unwritten Rules, Myths, and Truisms About the Courtroom
* Case Strategy
* Some Evidentiary Concepts and "Terms of Art" You Should Know, and the Primary Evidence Rules
* Where to Go When You're Scheduled to Be in Two Different Courts at the Same Time
* Trial Rosters, Dockets, and Bar/Roster/Docket Meetings
* The Steps in a Jury Trial, and How to Try a Bifurcated Trial
* Pretrial Preparation
* How to Strike a Jury
* How to Act, How to Dress, and Where to Stand in the Courtroom
* Opening Statements and Closing Argument
* Direct- and Cross-Examination of Lay and Expert Witnesses
* To Sequester or Not to Sequester
* Admitting Trial Exhibits Into Evidence - The Basics
* Hearsay Made Easy (and a Word or Two About the Confrontation Clause)
* Introducing a Criminal Conviction Into Evidence, and How to Make a Miller or Joseph Motion
* Typical Trial Motions
* How to Use a Deposition at Trial
* Trying Cases in Magistrate's, Small Claims, and Municipal Courts
- Trial Guide
- Client Pretrial Handout
- Some Trial-Related Articles
- Sample State Court Juror Strike Sheet
- Recommended Publications