What should guide the decision on the evidentiary plan for a direct brief?

• A. The client's pace
• B. The potential damages
• C. The witnesses and deadlines
• D. The form, nature and volume of evidence and steps likely to be taken

Answer: (D)

The evidentiary plan for a direct brief should be guided by the form, nature and volume of the evidence and the steps likely to be taken to obtain and present it. This means you tailor the plan to what evidence is actually going to be relied on, how it will be collected and verified, and how it will be organized and presented to the court. If the case turns on documentary records and a few key witness statements, the plan will set out which documents to include, how they will be indexed and authenticated, what affidavits or statements are needed, and the sequencing of those materials. If expert evidence is central, the plan outlines which experts are involved, the format and timing of their reports, and how their conclusions will be integrated into the brief. It also covers practical steps like subpoenas, requests for production, redactions, and disclosure deadlines, all aligned with the court rules and the overall timeline.

In contrast, factors such as how fast the client wants to move or the amount of damages at stake don’t determine the structure of the evidentiary plan. Those considerations may influence strategy or remedies, but they aren’t the things that shape how evidence is gathered, packaged, and presented. Likewise, simply knowing who the witnesses are is useful, but the plan should be built around what those witnesses and other evidence will actually involve and the procedural steps required to get it before the court.