Join Us on April 28th at 3 pm for
Amendments to C.R.C.P. 16 and 26: CMCs, Disclosures, and Ethical Considerations
1.5 general and .5 ethic CLE applied for
Members Only Please
Judge Tow will provide a presentation on the recent Amendments to C.R.C.P. 16 and 26 that apply to all cases filed on or after July 1, 2015. Topic areas may include:
- Requirements concerning proper disclosure of expected testimony
- Closer attention to claims and affirmative defenses, particularly in avoiding the pro shotgun approach to defenses and adding affirmative defenses at later dates
- Discussion of proportionality issues with regard to written, deposition, and expert discovery
- Ethical considerations related to pleading affirmative defenses, drafting disclosures, providing thorough disclosure of documents, including prior relevant medical treatment records, and providing compliant expert disclosures
- The change from "likely to lead to the discovery of admissible evidence" to "relevant evidence standard" regarding discovery and disclosures
- Rule 26 changes to opinions required from treating providers and whether the new rule might turn treating providers into retained experts due to the fact that they are unlikely to provide a causation opinion that did not already appear in the treatment note without some form of compensation
- Ways different Districts and Judges are handling the Case Management Conference process and initial thoughts on its effectiveness and efficacy
- Pros and cons of the new disclosure process
- Discussion of how a CMC in a large Construction Defect Case might differ from a 2 or 3 party premises liability matter to a relatively simple auto accident case
- Other presentation topics related to these amendments that you may develop or want to present
- Q & A from the audience that may include hypotheticals
Register Now! See you there!
Construction Law Committee
Marisa Ala, Chair, Palumbo Bergstrom
Bruce Shibles, Vice-Chair, Hunter & Associates
John Chase, Board Liaison, Montgomery | Amatuzio | Dusbabek | Chase LLP
and
General Liability Committee
Jason Young, Chair, Pearl Schneider
David Canter, Vice Chair, Foster Graham Milstein & Calisher
Karen Wheeler, Board Liaison, Levy Wheeler Waters