Training Guide
Moving to Exclude an Expert (Daubert Motions)
Training Guide
Moving to Exclude an Expert (Daubert Motions)
- Topic
- Experts
- Duration
- Format
- 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.
https://www.hotshotlegal.com/trainings/moving-to-exclude-an-expert-daubert-motions/attendee
Prepare Yourself
Watch the videos and read the exercise so you’re familiar with the Hotshot material.
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Course
Moving to Exclude an Expert (Daubert Motions)
An advanced discussion of moving to exclude an expert, including how to formulate arguments, different ways to attack methodology, and strategic drafting to persuade the judge.
During the Session
- 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?
- 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
About Hotshot
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