Aaron Kelley, Esq. & Patrick Montoya, Esq.

This one-hour session will focus on how Florida criminal and civil courts have applied the Daubert analysis in determining the reliability and relevance of expert witness testimony. The session will be led by seasoned practitioners in civil and criminal courts and will discuss the five “reliability” prongs of the Daubert standard along with strategic approaches for (1) challenging the admissibility of an opposing party’s proposed expert evidence and (2) ensuring your expert’s testimony holds up against a Daubert challenge.

Speaker to be confirmed

This session will delve into exceptions to hearsay— present sense impressions and excited utterances—and the differences between the two exceptions.

Speaker to be confirmed

When can character evidence of the defendant can be introduced? When can character evidence of the plaintiff can be introduced? This presentation will dive into pertinent traits of character as defined by section 90.404, Florida Statutes.  How does “Williams Rule” evidence come into play?

Speaker to be confirmed

COVID impacted the legal profession in many ways, but one of the most significant changes is the ability to testify remotely. Requiring courts to permit court proceedings to occur through electronic means allows witnesses to testify without coming to the courthouse. What are the best practices for exchanging exhibits, for ensuring witnesses who are laying the predicate for evidence have a copy of the evidence, ensuring your witness has the necessary technology to be able to participate? Wet ink versus audit trails: this presentation will detail the case law that established the binding nature of digital signatures. Haire v. Fl. Dept. of Agric. and Consumer Servs., 870 So.2d 774 (Fla. 2004); IO Moonwalkers, Inc. v. Banc of Am. Merch. Servs., LLC, 814 S.E.2d 583 (N.C. Ct. App. 2018); Newton v. Am. Debt Servs., 854 F.Supp.2d 712 (N.D. Cal. 2012).

Mihaela Cabulea, Esq. & Michael Ufferman, Esq.

The first thing an appellate court will review is whether the error in question was properly preserved at the trial court level, and unfortunately numerous cases each year are rejected on preservation grounds before the appellate court even reaches the merits of the case.  This presentation will provide tips on how to properly preserve claims for appeal.  Mihaela Cabulea will discuss what must be done to preserve particular types of claims in civil cases, and Michael Ufferman will discuss what must be done to preserve particular types of claims in criminal cases.

Philip Asher Gold, Esq. & Carlos J. Martinez, Esq.

Presentation will answer the questions “what is generative artificial intelligence” and how does it impact the court system? Lawyers use AI to assist with legal research and contract review. Doctors use AI when creating clinical patient summaries.  This presentation will address ethics opinions from the bar, Federal law, evidentiary concerns, and ways in which AI can be helpful to lawyers and the court system.

Speaker to be confirmed

Speaker will discuss the interplay between Rule Regulating The Florida Bar 4-3.4, section 92.231, Florida Statutes, as well as pertinent case law regarding fees for expert witnesses. Can an expert witness be reimbursed for travel time? How about the time needed to prepare to testify?

Andrew A. Harris, Esq. & Grace Streicher, Esq.

This presentation will discuss the changes that have occurred with the implementation of HB 827, including changes to what medical expenses can be presented to the jury, how letters of protection are now treated, the impact of “unbundling” of CTP codes. The presenters will highlight the changes to the legal practice caused by HB 837.