Expert witnesses are crucial to many successful litigation outcomes, both at and before trial. Recent developments in federal and state law affect how lawyers deal with experts, from initial fact investigation to the last day of trial. Finding, interviewing, hiring, preparing, discovering and examining expert witnesses within the context of governing procedural and substantive law is vitally important in today's civil trial practice and it could mean the difference between winning and losing. This seminar is designed to provide helpful tips and suggestions when it comes to successful expert witness practice in Minnesota.
- Controlling the scope of the expert's engagement
- Discoverability of your expert's materials
- Maximize (or minimize) damages
- Avoid summary judgment
- Save money working with your experts
- Learn how your expert can help you prepare your case
9:00 a.m. - 10:00 a.m.
I. Program Overview And Admissibility
A. Get Ready For A Great Program
B. Admissibility Requirements State And Federal
C. What's New?
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:45 a.m.
II. Selection, Care And Feeding Of Expert Witnesses
A. Expert Selection
B. Communications With Experts
C. Use Of Experts In Crafting Discovery Requests And Responses
D. Discoverability Of Draft Reports And Expert Correspondence
E. Discoverability Of Consulting, But Non-Testifying, Experts
F. Preparing Experts For Cross-Examination
11:45 a.m. - 12:45 p.m.
Lunch (On Your Own)
12:45 p.m. - 1:45 p.m.
III. Writing Expert Reports
A. The Differences Between Federal And State Practice
B. Opening Reports
C. Rebuttal Reports
1:45 p.m. - 2:45 p.m.
IV. Examining The Expert Witness
1. Preparing The Deposition
2. Getting The Testimony You Need
a. Build The Escape-Proof Fence
b. What Should Be Left For Trial?
B. Cross-Examination At Deposition/Trial
1. Fertile Areas For Cross-Examination
2. Tips For Examining The Difficult Witness
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:30 p.m.
V. The Expert's Perspective
A. Rules For Expert Accountants
B. Challenges Of Experts Working With Attorneys
3:30 p.m. - 4:30 p.m.
VI. So Now You Are Ready For Trial
A. Factual Background
B. Expert Accountant
C. Direct And Redirect
D. Cross-Examination And Recross
E. Peacekeeping And Closing