A Practical Symposium on Daubert Motion Practice

Before you argue your first (or next) Daubert motion, don't miss this opportunity to learn what it takes to make a winning presentation. What are the best legal arguments? How to present them in the most compelling, persuasive way? Should you seek an opportunity to question the witness at the hearing? These questions, and many more, will be addressed by a panel of experienced trial lawyers and judges. 

In a mock case involving an accident reconstruction, two teams will battle each other at a fictional Daubert hearing by eliciting live testimony from a proposed expert. This testimony will be followed by oral arguments before two distinguished judges, with decisions and reasoning given from the bench. This is a great chance to learn how to tailor an examination of an expert witness to best support arguments for,and against permitting the expert to testify before the jury, and how to make those arguments persuasively. This program presents an excellent teaching tool for both civil and criminal practitioners who practice in federal and state courts. Specific topics include:

• Criteria for admissibility and exclusion of expert testimony both under the Federal Rules of Evidence and Mass. Rules of Evidence;
• How to challenge admissibility of the expert opinion under Daubert/Kuhmo Tire Co .;
• Conducting a direct examination to enable you to most persuasively present the arguments for admissibility of the testimony;
• How to effectively cross-examine the expert to lay the groundwork for arguments that the testimony should be excluded;
• Oral arguments in favor and against admissibility of the opinion;
• Court rulings by a state and federal judge sharing their respective perspectives;
• Views from the bench and the do’s and don’ts of taking testimony and oral argument; and 
• Panel discussion.

A reception for all attendees and members of the MBA, Worcester Bar Association and Federal Bar Association will follow the program.