This seminar focuses entirely on Article Seven of the Rules of Evidence: The Opinions of Lay and Expert Witnesses.
Lawyers and Students
Creighton University School of Law
Creighton University Office of Continuing Education
R. Collin Mangrum, JD, SJD Professor
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.
7:30 - 8 a.m.
Registration and Check-in
Rules 701: Lay Opinions in both State and Federal Courts
First question: When are lay opinions admissible in lieu of expert testimony?
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 permissible without being required?
Fourth Question: When is expert testimony impermissible?
Fifth Question: Who Assesses the Weight of an Expert’s Opinion?
Sixth Question: What are the Potential Consequences of Deficient Expert Testimony?
Seventh question: What about a Non-testifying (consulting) Expert?
Eighth Question: What is a Non-Retained Expert and what discovery is required?
Ninth Question: When do I object (renew) an objection to an expert’s opinion?
Tenth Question: How do you make a Proper 702 Objection?
Eleventh Question: What are the Respective Rule 702 Burdens?
Twelfth Question: When Does Daubert not apply and what alternative standard applies?
Daubert and the Supreme Court
Thirteenth Question: What are the Significant SCOTUS Cases on Expert Testimony?
Fourteenth Question: What are the Significant Nebraska Cases and why?
A Template for Direct Examination for Experts
Fifteenth Question: Can you provide a rule-based template for an Expert’s Direct?
Sixteenth Question: How do you cross (prepare an expert for cross examination)?
Seventeenth Question: Rule 702: The Levels of an Expert’s Foundation
Rule 703: The Proper (and Improper) Bases for Expert Testimony
Eighteenth Question: What are the Acceptable Uses of Rule 703?
Rule 704: The So-Called Ultimate Issue Rule and Expert Testimony
Nineteenth Question: What is the 704 and the Ultimate Opinion Rule?
Rule 706 Court Appointed Experts
Twentieth Question: Rule 706: When Should You (Can You) Use Court-Appointed Experts?
Twenty-First Question: What are the Theories and Methodologies for Physicians?
Twenty-Second Question: What is the Theory and Methodology of Evidence-Based Medicine?
Twenty-Third Question: What is the Medical Malpractice Standard in Nebraska and why?
Examples of the Daubert Analysis at Different Levels
Twenty-Fourth Question: What does Rule 705 Permit with respect to Expert Opinions?
Professionalism and Ethical Responsibilities in Discovery with Experts
Twenty-Fifth Question: What are the Ethical and Professional Issues Related to the Discovery of Expert Opinions in both State and Federal Courts?