Here at eDiscovery Collab, clients utilise our skills to help them beyond document collection and the review stage of litigation.
We also support clients to prepare Court Books for trial.
Clients and their instructed counsel who engage us for this aspect of litigation notice efficiencies in their pre-trial preparation, as well as a practical strategic advantage in the court room itself.
Engaging your eDiscovery consultants early in the process to assist with preparation of your Court Books can save you time and costs as you get nearer the trial.
Here are five top tips to save you a world of hurt preparing a Court Book during the lead up to Trial:
1. Implement a Document Management Protocol with Document IDs
Implementing a document management protocol that includes the insertion of document IDs into witness statements, affidavits, expert reports, and agreed statements of facts is crucial. This practice allows for easy cross-referencing and navigation within the documents. Hyperlinking these documents further enhances accessibility, reducing the risk of errors or confusion during trial preparation and making it easy for counsel to reference specific documents when addressing the court.
2. Quality Check the Document IDs
Before finalising documents, ask your eDiscovery consultants to perform a quality check of document IDs in the database to ensure that all references are accurate and correctly linked. Tagging these documents in the database helps track their usage, prevents discrepancies or missing references, avoiding potential significant issues during the trial.
3. Uploading and Tagging Signed Documents
Once documents are signed and sealed, having your eDiscovery provider upload a copy to the litigation database and tag the sealed documents alongside referenced documents creates a comprehensive and organised repository. This practice not only keeps all documents in one place but also allows for quick retrieval and review of referenced materials, reducing time spent searching for critical information.
Also do this with the documents the other parties send through.
4. Disclose Referenced Documents
Ensuring that all the documents referenced in witness statements, affidavits, expert reports, or agreed statements of facts are disclosed is essential for transparency and compliance with court requirements. Your eDiscovery consultants know tools and processes which make this quality assurance step more efficient. They can either undertake this step for you and or show how it can be done. This step prevents surprises during the trial and ensures that all parties have access to the same information.
5. Analyse Duplicates and Near Duplicates
Having your eDiscovery consultants use duplicate and near-duplicate analysis techniques to check documents referred to in evidence helps identify any inconsistencies or errors. This analysis reduces confusion and ensures that the correct version of each document is used and reduces the risk of presenting conflicting or redundant evidence, which could weaken your case.
These recommendations aim to minimise errors, as well as ensure that all necessary documents are correctly referenced and disclosed. As well as saving time and effort in preparing a Court Book for trial and helping you present your client’s case clearly to the court, these recommendations will help to reduce the cost of trial preparation for your client.