Trial brief

Trial brief

In the more complicated computer crime cases, it is best that counsel expect and prepare for a request by the court for submission of a trial brief. Often the trial judge will call defense counsel and the prosecuting attorney into chambers some time before the trial, outline and discuss the legal problems involved in the case, and request both sides to present the court with a trial brief covering the issues. If a brief is not requested by the judge, counsel should ascertain whether local court rules require the submission of one as a matter of course.FN71

Even if a trial brief is not mandatory, either by the judge or by local rules, counsel should consider the advantages of filing one voluntarily. Preparation of a trial brief usually aids the attorney in crystallizing the issues and in organizing and grasping the relevant points of fact and law. It is also likely to impress the judge that counsel has prepared with diligence.FN72