1. Make a witness list
a. Make sure to have a master list to report to the jurors
b. Make sure an interperator is there for the defendant or witness if needed
2. Record sequestration witness and jury make a record of the defendents request for the sequester witness and or jurors
a. . It is important that Record reflect the statements made in violation of a Sequestration in the order they were made in an attempt to influence the testimony of other witnesses.
3. Jury Instructions
4. Charges and assignment needs confirmation and verify statutory citations
5. Stipulations and admissions
a. jury swear in
b. defendants right to not testify (will be recorded to be on record whether they testify or not)
c. Discovery Issues
6. Affirmative Defense- make a clear record show burden of proof
a. Security/Custody- if defendant is in custody what applies
b. Defendant must not be in jail clothing or in restraints without proper findings and a public hearing
c. Cautionary instruction
d. Use metal detector or wand
7. Use of Weapons or Hazardous exhibits during trial
a. Know court room policy and must notify baliff before bringing it into the court room
8. Witness Incrimination Issues
a. Need for 5th Amendment Advisory
b. Have Witness Orally Waive and Sign Written Waiver of 5th Amendment
c. Granting of Prosecutorial Immunity
9. Opening Statement
a. Exhibits
b. Competency of Child Witnesses- if applicable to the case
c. Prosecutorial Misconduct
10. Motions in Trial