This seminar is designed for attorneys who wish to develop or sharpen their skills in handling evidentiary issues.
This seminar is intended to offer practical and useful suggestions to litigators concerning a multitude of interesting topics involving the admissibility of evidence.
Topics to be discussed include:
• Expert Testimony
• Pre-Trial Motions
• Hearsay And The Exceptions
• Selective Admissibility Issues
• Ethics, Professionalism And Evidence
• Evidentiary Considerations
• Privilege Issues
• Perspective From The Bench
9:00 a.m. - 9:45 a.m.
I. Expert Testimony
A. Locating Expert Witnesses
1. Initial Contacts
2. Providing Material For Review
3. Consultations With Your Expert
B. Expert Witness Depositions
1. Preparing And Defending Your Experts
2. Preparing To Depose Adverse Experts
C. Pre-Trial Expert Preparation
D. Qualifying An Expert And Daubert
1. Use Of Curriculum Vitaes
2. Tailoring Their Qualifications To Your Case
E. Laying A Foundation For Expert Testimony
F. Direct Examination Of Expert Witnesses
1. Use Of Exhibits
9:45 a.m. - 10:30 a.m.
II. Pre-Trial Motions
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:45 a.m.
III. Hearsay And The Exceptions
11:45 a.m. - 12:30 p.m.
IV. Selective Admissibility Issues
A. Settlement Negotiations
B. Subsequent Remedial Measures
C. Use Of Interrogatories And Depositions
D. Judicial Notice
12:30 p.m. - 1:30 p.m.
Lunch (On Your Own)
1:30 p.m. - 2:15 p.m.
V. Ethics, Professionalism, And
A. Ethical Considerations In Obtaining And Presenting Evidence
1. Responsibility For Client Conduct
2. Attorney’s Responsibility Before The Court
B. Ethical Considerations In Contacting And Interviewing Witnesses
1. Contacting Represented Persons
2. Interviewing And Instructing Third Party Witnesses
C. Ethical And Professionalism Issues In Discovery
1. Duty To Avoid Frivolous Discovery Requests
2. Duty To Make Diligent Efforts To Comply With Legitimate Discovery Requests
3. Ethical And Professional Conduct In Depositions
4. Collegiality In Discovery Process
2:15 p.m. - 2:45 p.m.
VI. Some Evidentiary Considerations
In Criminal Cases
A. Presumptions In Criminal Cases
1. Rebuttable Presumptions
2. Permissible Inferences And Jury Instructions
B. Character Evidence
1. Defendant’s Character
2. Victim’s Character
C. Discovery In Criminal Cases
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
VII. Selected Privilege Issues
D. Fifth Amendment
3:30 p.m. - 4:30 p.m.
VIII. Perspective From The Bench