Hennepin County Civil Judges Roundtable: Key Takeaways

In partnership with the Minnesota State Bar Association – Civil Litigation Section, Winthrop recently hosted a lively and educational Roundtable event featuring a distinguished panel of nine members of the Hennepin County bench, including Assistant Chief Judge, the Honorable Mark J. Kappelhoff, and co-moderated by Winthrop shareholder, Kyle Kroll, and David Tomenes of the U.S. Department of Veterans Affairs.

The conversation centered on civil trial “dos and don’ts,” courtroom use of technology, and complex case management strategy, and provided candid judicial advice from this diverse panel. Below are key takeaways and courtroom practice pointers from the event:

1. Be Prepared and Organized

• Plan Ahead: Whether it’s reviewing deposition transcripts, preparing exhibits, or organizing motions, being prepared well in advance of trial is critical. Last-minute scrambling—especially with motions, objections, or video edits—can be a major setback.
• Deposition Preparation: Have your depositions organized and reviewed well before trial, with a focus on key sections to use in court. Avoid leaving crucial decisions to the last minute, especially regarding objections or the specific excerpts you plan to present.

2. Limit Video Depositions

• Use Sparingly: Video depositions, particularly for impeachment, are often poorly received by juries. They can be confusing, especially if not edited properly. Instead, focus on live testimony and use video only when absolutely necessary.
• Preparation Is Key: If video depositions are used, make sure they are well-edited and prepared ahead of time to avoid issues during trial.

3. Keep It Simple and Focused

• Jury Trials: In jury trials, avoid getting bogged down in small issues or excessive details. Focus on presenting a clear narrative that jurors can easily understand. Judges recommend focusing on the key facts and legal issues, keeping your case simple and compelling.
• Cross-Examination: Avoid repeating direct testimony during cross-examination. Cross-examination should be focused and concise, aiming to highlight contradictions or key facts rather than restating what’s already been said.

4. Professionalism and Civility Matter

• Respect Between Counsel: Maintaining professionalism between opposing counsel can have a significant impact on how jurors perceive the case. Jurors pick up on tension between attorneys, and it can undermine your case. While zealous representation is important, civility goes a long way in ensuring a smoother trial process.
• Juror Perception: Jurors value seeing attorneys interact respectfully and collaboratively. They are more likely to trust and value the information presented by attorneys who maintain a professional demeanor.

5. Use Technology Wisely

• Remote Hearings: There is growing support for hybrid or remote hearings, especially for logistical reasons (e.g., out-of-state counsel or clients). Judges are becoming more flexible about accommodating remote participation but still value in-person interaction for complex matters.
• Visual Aids: Visual aids (like PowerPoints or diagrams) can help clarify complex issues, but they should be used strategically. Overuse of slides or presenting overly complicated visual information can become distracting.
• Remote Observation: Judges generally support remote observation for co-counsel or in-house counsel, especially when travel is difficult or costly. However, this should not replace the direct involvement of counsel in the courtroom.

6. Be Strategic with Expert Witnesses

• Clear and Direct Answers: Expert witnesses should be prepared to provide clear and direct answers. Avoid allowing them to engage in unnecessary debates or quibbling, which can frustrate both the jury and the judge.
• Preparation Is Crucial: Both expert and lay witnesses need thorough preparation, especially for cross-examination. Lay witnesses, in particular, can be caught off guard by the intensity of cross-examination, which can damage their credibility if they aren’t well-prepared.

7. Pre-Trial Preparation and Trial Briefs

• Trial Briefs: Trial briefs are more useful in bench trials, where legal arguments may be more complex or nuanced. For jury trials, trial briefs are often unnecessary unless there’s a significant evidentiary issue that needs to be addressed.
• Jury Instructions and Exhibits: In jury trials, focus on preparing exhibits and jury instructions ahead of time. Having agreed-upon jury instructions and a special verdict form before the trial begins can save significant time during the trial and ensure a smoother process for all parties involved.

8. Handling Witnesses and Testimony

• Witness Preparation: Preparing witnesses thoroughly—especially lay witnesses—for what to expect during cross-examination is crucial. Witnesses who are surprised by aggressive questioning can lose credibility quickly, so mock cross-examinations can help them stay composed under pressure.
• Cross-Examination Strategy: Instead of merely reiterating the testimony presented during direct examination, focus on challenging key aspects of the testimony. Get to the point quickly and avoid unnecessary repetition.

9. Trial Efficiency

• Avoid Minor Disputes: Judges caution against spending too much time on minor legal disputes or irrelevant issues. Instead, focus on the broader aspects of the case that will be most impactful to the jury or judge. This approach ensures you don’t lose sight of what really matters.
• Work Together: Collaboration between counsel—especially when it comes to preparing exhibits, stipulating certain evidence, and agreeing on jury instructions—can streamline the trial process. Judges appreciate when counsel can resolve issues before trial begins.