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: 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: 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: 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: 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 4