This seminar is designed for attorneys who wish to develop or sharpen their skills in handling evidentiary issues.
This seminar provides a conceptual and evidentiary framework designed to assist the trial practitioner in preparing and conducting cross-examinations. The ideas and techniques discussed are applicable for both civil and criminal trials. Additionally, effective techniques for cross-examining expert witnesses will also be explored. There will be a discussion of expert witnesses, including qualification of experts, the foundation of expert testimony under state and federal law, and the utilization of authoritative texts and articles. Various technological means are available to litigators today from document management software to digital animation to the tools used to present these databases to the jury during a trial. This seminar will explore some of the tools that are available to today’s litigators, some of the evidentiary issues and challenges presented by these various types of technology and the presentation will explore some examples of how these tools can be effectively used to prosecute or defend typical cases.
Attendees will become familiar with the procedures for asserting and preserving evidentiary objections at the trial level. The program will also discuss the function of reviewing courts and the assertion and defense of error on appeal. The seminar will also familiarize attendees with the interplay between the federal civil and criminal rules of procedure and the rules of evidence governing lay and expert opinion testimony. It will contrast federal and state approaches to lay and expert opinion testimony.
9:00 a.m. - 10:00 a.m.
I. Cross Examination: Theory, Practical Aspects And The Law
A. Preparation Considerations
1. In General
2. Congruence With Case
3. The “Rules” Of Cross-Examination
C. The Law
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. Expert Witnesses
A. Qualification Of Experts
B. Foundation For Expert Testimony Under State And Federal Law
C. Utilization Of Authoritative Texts And Articles
11:15 a.m. - 11:45 a.m.
III. Question And Answer With The Morning Speakers
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:45 p.m.
IV. Technology In The Court Room
A. Technological Media Available To Litigators
1. Document Management Software
2. Presentation Software And Hardware
3. Organization Of Courtroom
B. Evidentiary Concerns Presented By Technology
1. Admissibility Of Presentation
2. Marking And Publishing Of Exhibits
3. Impeachment And Deposition Testimony
C. Examples Of Effective Uses Of Technology
1:45 p.m. - 2:45 p.m.
V. Lay Witnesses As Experts
A. Law Prior To 2000 Amendments To Federal Rules Of Evidence
B. Asplundh Manufacturing Division v. Benton Harbor Engineering
C. 2000 Amendments To Rules 701 And 702
D. Interplay With Fed. R. Civ. P. 26, General Duties Governing Discovery; Duty Of Disclosure And Fed. R. Civ. P. 16, Discovery And Inspection
E. Contrast With Florida Evidence Rules, Fla. Stat. §90.701 And §90.702
F. Permissible Areas Of Lay Opinion Testimony
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 4:00 p.m.
VI. Preservation And Appellate Review Of Evidentiary Issues
A. Motions In Limine
C. Standards Of Review
D. Unpreserved Errors
4:00 p.m. - 4:30 p.m.
VII. Question And Answer With Afternoon Speakers