Evidence and Experts: Using Florida Rules to Your Advantage

Agenda / Content Covered

All times are shown in Eastern time.

1. Authenticating Evidence Before Trial
   1:00 - 1:35, Harley S. Herman
2. Evidentiary Objections and Admission Hurdles for Expert Testimony
   1:35 - 2:10, Harley S. Herman
   1. Lack of Foundation/Authentication
   2. Unduly Prejudicial
   3. Relevance and Materiality
   4. Hearsay Objections and Exceptions
   5. Privilege, Work Product
   6. Objections to Questions and Answers
   7. Daubert/Frye Gatekeeping Standards
3. Expert Witness Depositions and Cross-Examination
   2:10 - 2:45, William D. Bonezzi
   1. The Expert's Report
   2. Preparing Your Expert for Deposition
   3. Deposing the Opposing Expert
   4. Laying the Foundation for Impeachment During the Deposition
   5. Cross-Examining the Expert Witness
4. Creatively Using Motions in Limine
   3:00 - 3:35, William D. Bonezzi
   1. Timing May be Everything
   2. Preparing Motions in Limine (With Sample)
   3. Creatively Using Motion in Limine to Exclude Evidence
   4. Strategies for Using Motion in Limine to Establish Admissibility of Evidence
   5. Using Motions in Limine to Obtain Summary Disposition
   6. Using Motions in Limine for Leverage
5. Laying a Foundation and Introducing Evidence at Trial
   3:35 - 4:15, Marc R. Ginsberg
   1. Procedures for Introducing Exhibits at Trial
   2. Establishing Foundations for Business Records and Other Documentary Evidence
   3. Admitting Social Media Posts, Texts, Emails, and Other ESI
   4. Laying a Foundation for Expert Witness Testimony
   5. Introducing Physical Evidence at Trial
   6. Satisfying the Foundation Requirements for Demonstrative and Illustrative Evidence

Accreditation Details:

WILLIAM D. BONEZZI is a shareholder as well as one of the founders of Bonezzi Switzer Polito & Hupp Co. L.P.A. Mr. Bonezzi has been a practicing attorney with his legal career being devoted to trial work. He is admitted to both The Florida Bar and Ohio State Bar Association, and currently possesses licenses to practice law in both states. Mr. Bonezzi concentrates his practice in the state of Florida where he manages the Florida office. He practices in medical negligence, long-term care, product liability, environmental, and all aspects of general liability. Mr. Bonezzi has tried to verdict in excess of 200 cases in all phases of his practice throughout multiple states including Ohio, Missouri and Kentucky. He received his B.S. degree from Bowling Green State University, followed by earning his J.D. degree from Cleveland State University, Cleveland-Marshall College of Law.

MARC R. GINSBERG is an attorney with the law firm of Mandina & Ginsberg, LLP. He became board certified in civil trial law in 1992. Mr. Ginsberg’s past practice includes eight years as general counsel and as a statewide insurance coverage counsel to a Miami based insurance company. Since 2005, Mr. Ginsberg has limited his practice to catastrophic personal injury cases. His fields of practice include medical malpractice; product liability; automobile accidents; truck accidents; boating accidents; drowning accidents; cruise ship accidents; scuba, jet ski & parasailing accidents; ocean, fresh water, and swimming pool accidents; sports accidents; electrocutions; industrial, transportation facility, and construction site accidents; premises liability; premises security; aviation incidents; insurance bad faith; and insurance coverage litigation. He received his B.A. degree, with honors, from the University of Florida and his J.D. degree from the University of Florida College of Law. He is a member of the Federal Trial Bar of the United States District Court for the Southern District of Florida, and has litigated and tried cases in that court, as well as litigated cases in the Middle District of Florida and the Northern District of Georgia.

HARLEY S. HERMAN practices litigation probate and general civil trial law as a managing partner at the Law Office of Herman and Herman, a Plant City law firm. He has taught estates and trust law at the FAMU College of Law and Business Law; criminal justice at Savannah State University; and numerous CLE courses for lawyers, accountants, and law-related professionals. Mr. Herman continues to mentor young attorneys through The Florida Bar's Lawyer to Lawyer Program. Mr. Herman earned his LL.M. degree from Stetson University College of Law and his J.D. degree from the University of Florida Fredric G. Levin College of Law.