Evidence and Experts: Using Kentucky Rules to Your Advantage

Agenda / Content Covered

1. Authenticating Evidence Before Trial
   9:00 — 9:30, Daniel Shulman
2. Evidentiary Objections and Admission Hurdles for Expert Testimony
   9:30 — 10:10, Frederick Moore
   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
   10:10 — 10:50, Steven Vinick
   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
   11:05 — 11:40, Steven Vinick
   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
   11:40 — 12:15, Steven Vinick
   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

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Frederick W Moore III is an attorney with Grossman Green PLLC in Louisville. Mr. Moore represents people who have been injured as a result of medical negligence, nursing home neglect and abuse, product liability, car wrecks, and slip and falls. Before joining Grossman & Moore, he was a deputy division chief at the Louisville-Metro Public Defender's Office. Mr. Moore received his A.B. degree from Georgetown University and his J.D. degree from the University of Kentucky College of Law. He is a member of the Kentucky Bar Association, the Louisville Bar Association, the Kentucky Justice Association, and the Kentucky Association of Criminal Defense Lawyers. Mr. Moore is admitted to practice in the Commonwealth of Kentucky.

Daniel R Shulman is a trial lawyer in Minneapolis, Minnesota, who has been trying cases for the past 50 years. Mr. Shulman is now a trial attorney with the Minnesota ACLU. He has been chief counsel in antitrust and other complex commercial litigation involving major industries in a variety of cases ranging from data storage, media, food, oil and gasoline, airlines, consumer electronics, medical electronics, health care, thoroughbred horses, and many other areas. Mr. Shulman has also been counsel in trademark and patent infringement actions, and he has an active pro bono civil rights practice. He is a fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, the Litigation Counsel of America, Trial Lawyer Honorary Society, and the Nation’s Top One Percent, National Association of Distinguished Counsel. He is a member of the American Bar Association, Minnesota State Bar Association, and Hennepin County Bar Association. Mr. Shulman earned his undergraduate degree, with honors, from Harvard University; his master's degree from Yale University; and his Juris Doctor degree, cum laude, from Harvard Law School. He has twice been named a Minnesota Attorney of the Year.

Steven B Vinick is of counsel with the law firm of Stein Sperling Bennett De Jong Driscoll, P.C., and practices in the areas of personal injury law, medical malpractice, criminal defense, and general civil litigation. He is licensed to practice law in Maryland, Washington, D.C., and Virginia. He is the treasurer of the Montgomery County Bar Association and a member of the Executive Committee of the Prince George’s County Bar Association. He is also a member of the Maryland State Bar Association, the D.C. Trial Lawyers Association, and the Maryland Association of Justice. Mr. Vinick was the Maryland Association of Justice Trial Lawyer of the Year for 2011. He earned his B.A. degree, Phi Beta Kappa and magna cum laude, from the University of Maryland; and his J.D. degree, cum laude, from the University of Baltimore School of Law.