You are in the woods. It’s dark, and you are anxious, probably lost. Trying not to panic, you suddenly feel the soft forest floor give way to a hard surface. Asphalt! You look to the left darkness. You look to the right and a large orb of light dangles over the horizon. Suddenly, the single light turns into two. You stand transfixed and paralyzed. You are a deer and about to be run over by a car carrying a team of lawyers. You wake up in a cold sweat. You’re not a deer. You are an associate on a trial team and it is 60 days before trial.
sixty Days to Go
Master the calendar and make deadlines your friend. If you do not have a trial calendar and/or task list already prepared, the best thing you can do now is to prepare one so there are no surprises. You will consult this calendar/task list weekly if not daily as trial inches closer. In calculating deadlines, you will save yourself some heartburn if you calculate all deadlines based on the different methods of service. For example, for a motion to exclude you should list the filing date and all of the service deadlines. In California, a motion to exclude expert witness testimony must be heard on or before the 10th day before the initial trial date. However, it must be served at least 16 court days before that hearing. So, when calendaring the due date for that motion, you will have different deadlines depending on your method of service. Your calendar should have all the mail, FedEx and personal service deadlines.
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