The Anatomy of a Trial
August 12, 2025
The National Law Review
Types : In the News
Trials are the ultimate test of a litigator’s skill, where case preparation, evidence strategy, and courtroom performance converge to win over judges or juries. This article discusses the elements of a civil trial and important considerations one should keep in mind each step along the way.
Selecting Evidence Strategically
A critical task for trial counsel is identifying what evidence proves the elements of their legal claim or defense. Timothy Pastore, partner with Montgomery McCracken Walker & Rhoads LLP, emphasizes the importance of narrowing your evidence through a winnowing process. As part of this process, attorneys need to evaluate which evidence is admissible under the Federal Rules of Evidence.
The ‘motion in limine’ is a pretrial motion that allows counsel to attempt to exclude certain evidence from trial. These motions aim to prevent the factfinder from hearing testimony or seeing documents that may be inadmissible, inflammatory, or irrelevant. These motions must be used strategically; courts may revisit them during trial depending on how issues unfold.