Evidence and Experts: Using Ohio Rules to Your Advantage

Agenda / Content Covered

Session Time: 9:00 AM - 12:15 PM Eastern
Break: 10:30 AM - 10:45 AM Eastern
Presenter: Donald A. Wochna

1. Authenticating Evidence Before Trial
2. Evidentiary Objections and Admission Hurdles for Expert Testimony
   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
   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
   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
   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

DONALD A. WOCHNA formed the E-Data Law Group LLC almost 19 years ago which is a consortium of experts that design, build, and defend advanced technological solutions to legal challenges in litigation, healthcare, audit, privacy and security issues. The vision of the E-Data Law Group is to use electronic data to make the practice of law proactive. He obtained one of the first civilian licenses for computer forensic software, and began a business identifying, preserving, extracting, analyzing, and producing electronically stored information, including content, metadata, and artifacts. Mr. Wochna earned his B.S. degree from Cal State Long Beach and his J.D. degree from The Law School, University of Chicago. He has written hundreds of articles related to ediscovery, Big Data, analytics, and the challenges to the legal profession raised by electronic information systems. His books include E-discovery: Making the Computer Your Best Witness, published by Ohio State Bar Association; and he is a frequent and lively speaker regarding electronic data issues. Mr. Wochna has testified before the Advisory Committee on Amendments to the Rules of Civil Procedure, and has been influential in shaping the process by which large sparse datasets are defensibly searched to produce relevant information without reliance upon agreed-upon search terms.