1. Adorno Law Firm, PL Adorno Law Firm TRIAL TESTIMONY FOR EXPERTS!

2. Adorno Law Firm, PL What type of information is Important? Every case should have a theme and that should be determined by the trial attorney, but the experts have to make all the right moves to backup the quarterback and keep that theme humming along. An expert can’t determine what information is important until the attorney tells you what her theme is and what she believes can be entered into evidence. An area that is often over looked in my opinion are the exhibits at trial and who should prepare them and how that should look. If you know that a major issue is going to be disproportionate take creating severance damages then the engineer and land planner need to work together to create exhibits that show the taking and remainder.

3. Adorno Law Firm, PL Condemnors v. Landowner Work DOT tends to try to keep costs down but if you are going to trial you have to spend a little time and money on the right type of exhibits. Most Condemnors are interested in keeping costs down and most landowner attorneys don’t manage costs because they believe that the condemnor will pay for them later. I am gearing this talk more to what an expert needs to know for trial testimony.

4. Adorno Law Firm, PL F. S. 90.702 Testimony by experts.—If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert … From FRYE to DAUBERT Florida Law Changes

5. Adorno Law Firm, PL by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if: Fla. Statute Section 90.702

6. Adorno Law Firm, PL F.S. 90.702 Continued FRYE Three Part Test from 2013: (1) that the opinion evidence be helpful to the trier of fact; (2) that the witness be qualified as an expert; and, (3) that the opinion evidence can be applied to evidence offered at trial.

7. Adorno Law Firm, PL THIS IS THE CURRENT TEST Daubert Three Part Test from 2013 forward: (1) The testimony is based upon sufficient facts or data; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case.

8. Adorno Law Firm, PL What Happens in a Daubert Challenge? 1. The Testimony is based upon sufficient facts or data How does an expert prove that he or she relied on sufficient facts or data? Your attorney now needs to lay a better predicate for your testimony by asking about what facts and data were used by you to form your opinion.

9. Adorno Law Firm, PL DAUBERT CHALLENGE Cont. 2. The testimony is the product of reliable principles and methods – If you are a CPA what methodology did you use, if a stormwater engineer – what model was the factual info from surveyors placed into etc. 3. The witness has applied the principles and methods reliably to the facts of the case. How do you prove this?

10. Adorno Law Firm, PL A FEW POINTERS

11. Adorno Law Firm, PL LowTech Low Tech is BETTER THAN High Tech While some of you think that jurors love high tech – most of the time they cannot take that back into the jury room. Your exhibits for trial need to be simple, COLORFUL, and clean. Simple – just the most important facts Colorful – enough color to make it interesting keep a juror’s attention Clean – not too many layers of information

12. Adorno Law Firm, PL SIMPLE?

13. Adorno Law Firm, PL NOT AS CLUTTERED

14. Adorno Law Firm, PL NO COLOR - BORING

15. Adorno Law Firm, PL A Little Color Adds Interest

16. Adorno Law Firm, PL

17. Highlighting is sometimes better

18. Adorno Law Firm, PL Any Questions?

19. Adorno Law Firm, PL Thank You! Celeste F. Adorno, Esq Celeste F. Adorno, Esq. Celeste@AdornoLawFirm.com 850.445.9901 or 1.800.910.7523 www.AdornoLawFirm.com