Training Guide

Moving to Exclude an Expert (Daubert Motions)


Training Guide

Moving to Exclude an Expert (Daubert Motions)

Remote or in person

What’s Covered

  • Admissibility requirements for experts
  • Daubert vs. Frye
  • Choosing arguments 
  • Ways to attack methodology
  • Arguing prejudice

Before the Session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

During the Session

Part 1: Knowledge Check
Ask attendees these questions to ensure they understand the topic:
  • What are some considerations when deciding whether to make a Daubert challenge?
  • What are the admissibility requirements for an expert under the federal rules? 
  • What are the key differences between the Daubert and Frye standards?
  • Which party has the burden of meeting the Daubert standard?
  • How does an argument about admissibility differ from an argument about how much weight to give evidence? What are some examples of each?
  • What are some of the different arguments you can make to attack an expert’s methodology?
  • How might you argue prejudice in your Daubert motion?
Part 2: Group Exercise
Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.
Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.
Part 3: War Stories and Firm Specifics
Share your own experiences and guidance, including:
  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the Session

To continue their learning, attendees can check out related courses in Hotshot’s Experts topic.

About Hotshot

Hotshot helps lawyers develop their legal, business, and technology skills through short videos, quizzes, and summaries, and we help law firms and law schools plan and deliver engaging training programs. Our customers include Am Law 200 firms, top law schools, and regional and international firms.

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