CLE: Mangrum on Answers to Expert Evidentiary Questions

Harper Center, Ahmanson Ballroom
602 North 20th Street, Omaha, NE

Thursday, November 29, 2018 @ 8:00 am - 4:00 pm

Continuing Legal Education Opportunity Mangrum on Answers to Expert Evidentiary Questions

This seminar focuses entirely on Article Seven of the Rules of Evidence: The Opinions of Lay and Expert Witnesses.
The seminar is pending approval for 6.5 hours of CLE credit in both Nebraska and Iowa, including 1 hour of ethics.

R. Collin Mangrum, JD, SJD
Endowed Chair, AA and Ethel Yossem Endowed Chair in Legal Ethics

While attending the University of Utah School of Law, Professor Mangrum was associate editor of the Law Review. He was in private practice in Salt Lake City from 1975-1977; was Rotary International Foundation Fellow in 1977 and in 1978; and he joined the Creighton law faculty in 1979. He received a visiting scholar appointment to the University of Edinburgh in the fall of 1986. He has taught as a visiting professor at the University of Utah law School in 1985, 1996, 2004. 2006 and 2013. He was a visiting professor for Touro Law School at Hebrew University in Jerusalem for the summer of 2008.

He has written over thirty articles and three books. His book Zion in the Courts: A Legal History of The Church of Jesus Christ of Latter-Day Saints, 1830-1900 (1988) (University of Illinois Press) won the National Alpha Sigma Nu Book Award for 1989. His treatise, Mangrum on Nebraska Evidence (Thomsen Reuters, annual 2003-2013), serves as a primary source for practitioners and is frequently cited by the Nebraska courts on evidentiary issues. His treatise, Mangrum and Benson on Utah Evidence (Thomsen Reuters, annual 2004-2013) also serves as a primary source for Utah practitioners and is frequently cited by the courts in Utah. He regularly lectures to practitioners and the judiciary on evidentiary issues in Nebraska and Utah. He has successfully coached trial teams for the Texas Young Lawyers Trial Competition (TYLA) or National Trial Competition and the American Association of Justice (formerly ATLA) every year since 1989. He has also successfully coached teams for the ABA Arbitration Competition since 2008.

8 a.m.
Rule 701: Lay Opinions in both State and Federal Courts

First question: When are lay opinions admissible under Rule 701?
8:20 a.m.
Rule 702: The Prima Facie Case Expert

Second question: When do you need an expert as part of the prima facie case?
Third question: When is expert testimony impermissible?
Fourth Question: When is expert testimony permissible without being required?
8:40 a.m.
Rule 702: The Consequences of Expert Deficiencies

Fifth question: What are the consequences of deficient expert testimony?
8:50 a.m.
Rule 702: The Consulting or Nontestifying Expert

Sixth question: What are the rules related to nontestifying (consulting) experts?
9:10 a.m.
Rule 702: Procedural Issues that Arise with Experts

Seventh question: When is the proper time to object (or renew an objection) to expert testimony?
9:30 a.m.
Rule 702: The Daubert Objection and Response

Eighth Question: What are the steps for objecting and burdens for expert testimony?
Ninth Question: What is the nature of the Daubert Questions and alternatives?
Tenth Question: What are the Appropriate Objection(s) to Expert Testimony?
9:40 a.m.
Rule 702: The Criteria and Context for the Daubert Objection

Eleventh Question: When Does Daubert not apply?
10:00 a.m.
Daubert and the Supreme Court

Twelfth Question: What are the Significant SCOTUS Cases on Expert Testimony?
10:15 a.m.
Morning Break

10:30 a.m.
A Template for Direct Examination for Experts

Thirteenth Question: Can you provide a rule-based Template for Direct Examination of an Expert?
11 a.m.
Rule 703: The Proper (and Improper) Bases for Expert Testimony

Fourteenth Question: What are the Acceptable Bases of an Expert’s Opinion?
11:20 a.m.
Rule 704: The So-Called Ultimate Issue Rule and Expert Testimony

Fifteenth Question: What is the Ultimate Opinion Rule and How Does it Work?
11:45 a.m.
Rule 706: Court Appointed Experts

Sixteenth Question: When Should You (Can You) Use Court-Appointed Experts?
12 p.m.

1 p.m.

Seventeenth Question: What is the Methodology of Evidence-Based Medicine and How can it be used to enhance or critique Learned Treatises?
2 p.m.

Eighteenth Question: What is the appropriate basis for Medical Malpractice and why?
2:15 p.m.
Examples of the Daubert Analysis at Different Levels

Nineteenth Question: What are Some Examples of Different Level Daubert Challenges?
2:45 p.m.

3 p.m.
Professionalism and Ethical Responsibilities in Discovery with Experts

Twentieth Question: What are the Ethical and Professional Issues Related to the Discovery of Expert Opinions in both State and Federal Courts?
4 p.m.

Education Credit
PENDING- 6.5 hour of CLE credit has been approved in both Nebraska and Iowa.

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