Session I – Mastering Rule 702: Effective Strategies for Presenting and Challenging Expert Witnesses – Christopher G. Campbell and Sarah M. Carrier
This session provides insight on Federal Rule of Evidence 702, focusing on the evolving standards for expert witness admissibility and practical strategies for both presenting your own experts and challenging those of your opponents. Participants will gain insights into recent amendments, judicial trends, and best practices for maximizing the impact of expert testimony in litigation. The session is designed for litigators at all levels who wish to sharpen their skills in handling expert evidence from pretrial through trial.
Key topics to be discussed:
- Review of Rule 702: Recent amendments and judicial interpretation
- The gatekeeping role of the court: Daubert and its progeny
- Preparing and qualifying your expert witness
- Direct examination techniques: Making complex testimony accessible
- Cross-examination strategies: Exposing weaknesses in opposing experts
- Motion practice: Daubert motions and pretrial challenges
Session II – Error Preservation – Douglas S. Lang and Kathleen E. Kraft
Error preservation starts at intake: define trial objectives, map likely rulings, and script the record you’ll need on appeal. Anticipate and brief decision points (motions to dismiss, discovery disputes, summary judgment) and use motions in limine to frame admissibility. If evidence is excluded, make a clear offer of proof; submit precise proposed jury instructions and verdict questions, and lodge specific, timely objections with alternatives. Close the loop post-verdict with Rule-timely motions (JMOL, entry/alteration of judgment, new trial, amend) so every reversible error is cleanly teed up.
Key topics to be discussed:
- Plan, plan, plan: Determine at the outset the objectives of the client’s position at trial
- Plan for and avoid gotcha’s
- Anticipate: Consider, analyze, and determine what motions or other pivotal decisions the court may make at trial; then, be prepared to present them in writing
Session III – Evidence in Action – Douglas S. Lang and Mackenzie Wallace
Evidence in action is disciplined prep: master the rules and the substantive law that anchors your claims and defenses, then build a live “evidence log” to marshal proof element by element. For each exhibit or testimony, state precisely what it proves, who will lay the foundation, and the exact questions you’ll use to do it. Pre-spot admissibility hurdles (relevance, hearsay, authentication, best evidence) and script your responses. This turns trial into execution: you’re not hunting for documents or arguments, you’re admitting them cleanly and tying them to the verdict form.
Key topics to be discussed:
- The rules: Know the rules of evidence-especially their practical application
- The law: Assure you know the pertinent law to your cause of action or defense
- Catalogue the evidence: Create a log so you can marshal your evidence
Closed-captioning available