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Discovery/Depositions, Admission of Testimony, Direct and Cross-Examination

Do you know how to find and hire the best expert for the case? Do you know how to properly present or challenge expert testimony? What questions and questioning techniques work best in depositions or during trial? This comprehensive guide will provide you with practical insights on using your experts to full advantage - while preventing the opposing party from doing the same. From hire to trial, gain real-world best practices and pointers for enhancing your litigation strategy - register today!

  • Thoroughly vet potential experts and find out what they need from you.
  • Analyze what expert reports should and should not include.
  • Apply the expert discovery rules to your case.
  • Discover strategies for steering expert testimony in the desired direction.
  • Find ways to protect your expert from traps set by opposing counsel.
  • Learn how to get your expert's testimony admitted and keep theirs out.
  • Explore common mistakes attorneys make with experts - and learn how to avoid them!

All times are shown in Eastern time

  1. Hiring an Expert Witness
    10:00 - 10:30, Richard Cook
    1. Cost/Benefit Analysis; Effective Use and Misuse
    2. Locating and Screening Experts
    3. Qualifications, Reliability, Relevance - Anticipating Admissibility Issues Early on
    4. Top Mistakes in Choosing Experts
    5. Expert Witness Retainer Agreements
    6. What to Give Your Expert Witness
    7. Expert Witness Reports - What They Should and Should Not Include
    8. What an Expert Witness Needs to Know About Court Proceedings
  2. Expert Discovery Issues and Traps for the Unwary
    10:30 - 11:00, Debra J. Horn
    1. Researching Experts - Public Sources of Information
    2. Disclosure/Discovery of Testifying Experts
    3. Discovery of Expert Witness Materials and Work Product
    4. Subpoenaing an Expert Witness File
    5. Resolving Expert Discovery Disputes Without/With Court Intervention
    6. Rules of the Game - Quick Refresher on Depositions
  3. Taking Expert Depositions - Tips, Tactics and Questioning Techniques
    11:15 - 12:45, David M. Potteiger
    1. Gaining Tactical Advantage; Research and Preparation Pointers
    2. Effective Openers and Opening Questions
    3. Sequence; Organizing Your Questioning; Timing Your Attacks
    4. Style of Questioning: Aggressive, Lulling, Silent, etc.
    5. Open-Ended vs. Leading vs. Closed Questions; Hypothetical and Theoretical Questions
    6. Killer Deposition Questions to Ask in Any Case
    7. Pinning Down the Expert and Opposing Counsel (and Avoiding Surprises Later on)
    8. Expert Exclusion - Getting the Testimony You Need
    9. Questions to Elicit Bias and Misapprehension
    10. Laying the Groundwork for Cross-Examination or Impeachment at Trial
    11. Eliciting Concessions to Strengthen Your Case
    12. Dealing with Problem Witnesses (Hostile, Evasive, Lying)
    13. Handling Objections and Dealing with Difficult Opposing Counsel
    14. Effective Use of Documents and Aids
    15. Top 10 Mistakes Attorneys Make at Depositions
  4. Preparing Your Expert to Excel and Defending Expert Depositions
    1:15 - 1:45, Richard Cook
    1. Preparing the Deponent and Reviewing Expert Reports
    2. Readying Experts for Key Traps and Difficult Questions
    3. Proper Objections at the Expert's Deposition
    4. Guarding Your Expert from Aggressive or Crafty Counsel
    5. Controlling the Deposition - Tips and Tactics
    6. Stipulations; Reviewing and Correcting the Deposition Transcript
  5. Expert Witness Qualifications and Testimony - Getting Yours Admitted (and Keeping Theirs Out)
    1:45 - 2:45, Debra J. Horn
    1. Opinions, Reports and Expert Testimony: Applying Key Rules of Evidence
    2. Admissibility of What You Give Your Expert
    3. Experts and the Hearsay Rule
    4. Summary Judgment and Expert Evidence
    5. Effectively Using Motions in Limine and Daubert
    6. Qualifying the Expert (w/Sample Qualification Questions)
    7. Exhibits - Objections and Responses
    8. Voir Dire Cross-Examination
    9. Evidentiary Objections in Direct or Cross
    10. Evidence Relevant to Impeach
    11. Impeaching a Witness - Theirs or Your Own
  6. Expert Witnesses at Trial - Direct and Cross-Examination
    3:00 - 4:00, Debra J. Horn
    1. Direct Examination Preparation Tips and Tactics
    2. Maximizing Competency, Credibility and Relevancy
    3. Direct Examination Techniques (Language; Questions; Exhibits; Organization; etc.)
    4. Defending Testifying Experts - Key Pointers
    5. Rehabilitating Your Witness; Secrets to a Strong Redirect
    6. Cross-Examination Preparation Tips and Tactics
    7. Controlling the Expert on Cross
    8. Hostile Witness Tactics
    9. Exploiting Weaknesses in the Expert's Testimony
    10. Sophisticated Techniques for Eliciting the Testimony You Need
    11. Disastrous Mistakes to Avoid - and How to Recover
    12. Effectively Using Videotaped Depositions
  7. Legal Ethics: Pitfalls in Dealing with Expert Witnesses
    4:00 - 5:00, David M. Potteiger
    1. Confidentiality Issues Involving Experts
    2. Expert Compensation; Fee Agreements
    3. Avoiding Conflicts of Interest with Retained Experts
    4. Ethical Pitfalls - Preparation of Witnesses for Testimony
    5. Abuse of Witnesses in Examination
    6. When the Expert is the Client or a Client Representative

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