Course 03 · 4 MCLE credits

Expert Witness Academy

Most expert crosses fail on foundation, not on facts. This is designation to verdict: the declaration, the deposition that separates an opinion from its basis, the admissibility fight, and the cross that survives a redirect.

Five sessions, self-paced, on demand. Taught by David Sugden, a trial lawyer at Call & Jensen in Newport Beach.

All four courses
$99a month
  • This course, and the other three
  • Sixteen MCLE credits in total
  • The member library, and everything added to it
See the membership
Just this course — $499, once. Yours to keep. Buy this course →

30-day money-back guarantee, either way.

5 sessions
4 MCLE credits
On demand · self-paced
$499 once, or included in the membership
30 days money back
What it is

Opinions, and what holds them up.

An expert opinion is only as good as the material underneath it, and the work of taking one apart happens long before the cross. It happens in the designation, in the declaration, and in the deposition where you make the witness say the opinion word for word and then walk the basis away from it.

The academy is built on the California framework — sections 801 and 802, Sargon, Sanchez, section 721(b) — with Frye and Daubert where federal practice diverges. It covers your own expert on direct as carefully as it covers theirs on cross.

Take it if

  • You have an expert report in front of you and a deposition to take
  • Your in limine motions on experts have not been landing
  • You put your own experts up and want the direct to be uncrossable
  • You want Sargon and Sanchez explained by someone who has argued them

What it is not

  • The framework is Californian; Frye and Daubert are covered where they differ
  • It is not a primer on any one expert discipline
  • It assumes you already know what a designation is
The curriculum

Five sessions, in order.

Watch them in any order you like, but they are built to be taken in this one.

01

Designation, sections 800 to 802, and declarations

  • Why it matters to collaborate with your expert
  • The power of, and the persuasion in, expert testimony
  • A simple analytical framework for evidence questions
  • Evid. Code §§ 800–802, closely read
  • The “common sense” and “too speculative” goal posts
  • How to designate expert witnesses
  • Expert witness declaration requirements
  • Treating physicians, declarations, and the discoverability of opinions
CasesFairfax v. Lords · Du-All Safety v. Superior Court · Schreiber v. Estate of Kiser
02

The deposition: the Nine, and separating basis from opinion

  • The “Nine” — the expert deposition topics
  • The assignment, and the materials reviewed
  • Discovering the opinions word for word
  • Eliciting all of them, and the must-ask questions
  • Attorney declarations used to elicit opinions
  • Creating distance between an opinion and its bases
  • The building blocks of the trial cross-examination
  • Experts who rest on industry experience and voluminous materials
CasesBonds v. Roy · Jones v. Moore
03

Admissibility: Frye, Daubert, Kelly and Sargon

  • The standards for determining and challenging admissibility
  • The key to motions in limine and to voir dire
  • The real impact of the Daubert ruling
  • The value of a conservative opinion
  • Using opinions and bad facts to build ethos
  • Direct examination that is clear, memorable, and invulnerable to cross
  • Looping, and speeding up or slowing down time through questions
CasesFrye v. United States · Daubert v. Merrell Dow · People v. Kelly · Sargon v. USC
04

Your expert on direct

  • The mindset for an expert witness on direct
  • Doing calculations while testifying
  • Looking at the lawyer against looking at the jury
  • Qualifying the expert witness
  • Jury, bench, and arbitration — what changes
  • Direct against cross, as two different jobs
  • Evid. Code §§ 801 and 802 revisited
CasesPeople v. Simpson (the DNA expert) · People v. Bell · People v. Sanchez
05

Their expert on cross

  • Evid. Code § 721(b)
  • Spotting hearsay exceptions faster
  • Voir dire of an expert, with an example from trial
  • Deciding the issues for cross-examination
  • What the expert could have done, and did not
  • The uncooperative expert witness
  • The danger of asking the judge for help
  • Listening to the answer before choosing the next question
  • Timing — when to raise an evidentiary problem
  • The cross-examination of an economist

Four hours of MCLE credit on completion. State Bar of California approved MCLE provider #19358. Self-paced, on any device, and yours to keep.

Or all four

Two courses cost more than all four.

If you are likely to want a second one, the membership is already cheaper than buying two, and it does not stop at four.

This course, and one more
$998

Two of the four, bought once each. Eight MCLE credits.

versus
A year of the membership
$990

All four courses, sixteen credits, the member library, and everything added while you are a member.

The other three

The rest of the craft.

California Evidence 101

The Evidence Code read in the order a trial actually uses it. Four modules.

See the course →

Expert Witness Academy

Designation, the deposition, Daubert and Sargon, and the cross that survives a redirect. Five sessions.

See the course →

Business Trial Academy

The transition from litigating a case to trying one, from voir dire to the close. Five modules.

See the course →
Start

Four hours, and the report stops being intimidating.

Thirty days to decide it was worth it, whichever way you buy it.

Not ready? The three free resources cost nothing and take an afternoon.