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DEPOSITIONS OF EXPERT WITNESSES
Contact:
Kenneth Armstrong, Esq.
Erica Mudd, Esq.
Armstrong, Donohue, Ceppos, Vaughan &
Rhoades, Chtd.
204 Monroe Street
Suite 101
Rockville, MD 20850
(301) 251-0440
Armstrong, Donohue, Ceppos, Vaughan &
Rhoades, Chtd.
204 Monroe Street
Suite 101
Rockville, MD 20850
(301) 251-0440
karmstrong@adclawfirm.com
emudd@adclawfirm.com
Credits:
1 credit
Course Overview:
The students will receive instruction through brief, focused lectures, demonstrations, and
feedback from the professors on in-class performances. Students will spend a significant amount
of time in class practicing witness preparation and questioning techniques. Students will also be
required to review webcasts of their performances and provide self-critique.
There are three essential components to this course:

Student Preparation: Background reading is assigned for each skill. Students
are expected to use the readings to assist them in their out-of-class preparation of in-class
performances.

Lecture/Demonstration/Discussion: Professors give brief and focused lectures
on specific skills, demonstrate those skills and facilitate discussion on the execution of
those skills within the rules of procedure and professional conduct.

Student Performances: Students participate in class exercises that focus on
discrete skills such as witness preparation and questioning techniques. To enhance the
realism of this course on expert testimony, outside experts will be enlisted during the
final class session to play the role of the expert during the deposition. The instructors
provide critique immediately following the student performances. All student
performances are recorded as webcasts, and review of these webcasts by the students is
an integral part of the course. Students are required to submit self-critiques after they
have reviewed the webcasts.
1
Required Texts:
Addison v. Peyton (Nita case file) witnesses statements and exhibits
Material available on MyWCL
Prerequisites:
Civil Procedure is a prerequisite for this course.
Evaluation:
Students will be evaluated on the following criteria:
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Participation in class discussions;
Preparedness for in-class performances;
Incorporation of lessons/critiques in later performances; and
Self-critique of webcast performances.
2
Syllabus:
Class One: Wednesday, July 9. Overview/Witness Preparation/
Questioning Techniques
Required Reading:
Addison v. Peyton witnesses statements and exhibits
MyWCL:
- Expert Witness Check Lists
- Expert Testimony, Chapter 1 (pp. 1-9)
- Successful First Depositions, Chapter 2, Taking a Deposition (pp. 24-55) and Chapter 6,
Expert Depositions (pp. 163-181)
6:00-9:30 pm:
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Course overview
Instruction and demonstrations on expert witness preparation
Skill drills on expert witness preparations
Instruction and demonstrations on the fundamentals of effective questioning techniques
Skill drills on funneling questions
Instruction and demonstration on questioning on expert qualifications
Class Two: Thursday, July 10. Expert Qualifications/Expert
Opinions/Studies and Reports
Required Readings:
Addison v. Peyton witnesses statements and exhibits
MyWCL:
- Expert Testimony, Chapter 4, Discovery and Depositions (pp. 54-61, 65-73)
- Effective Deposition, Chapter 14, Defending the Deposition (pp. 354-360)
6:00-9:30 pm:
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Instruction and demonstrations on questioning regarding expert opinions, expert reports
and handling exhibits
Skill drills on questioning techniques regarding expert qualifications, expert opinions and
handling exhibits such as studies and expert reports
Students perform portions of expert depositions focusing on expert qualifications and
opinions (in-class critique by professors/re-do exercises/webcast for student review)
3
Class Three: Sunday, July 13. Depositions
Required Readings:
Addison v. Peyton witnesses statements and exhibits
MyWCL:
- Successful First Depositions Chapter 5, Problem Witnesses and Attorneys (pp. 127-161)
- Effective Deposition, Chapter 11, Obnoxious or Obstructionist Opposing Counsel (pp.
263-265)
- Expert Testimony, Chapter 4, Discovery and Depositions (pp. 73-79)
9:00am-4pm:
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Practice sessions in small groups
Students perform witness preparations and take expert depositions (deponents played by
real experts) (in-class critique by professors)
Review of webcasts in breakout room with guest practitioners to allow students an
immediate second review of their performances
Webcasts provided to students for final self-critique
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