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IBA: Go West, IndyBar! Go West! Quality CLE & Networking Await You

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By The Hon. Cale Bradford, Indiana Court of Appeals

Dear Fellow IndyBar Members:

It is with great pleasure that I will host this year’s IndyBar Destination CLE, taking place in Sedona, Arizona from November 15 to November 17. To entice your attendance, this year’s CLE will be held at the Enchantment Resort & Mii amo Spa, nestled into the red rock wall of Sedona’s Boynton Canyon. Your Indianapolis Bar Association has worked tirelessly to assemble programming, speakers and events to make this one of the most valuable and memorable seminars and networking experiences of your career.

Along with Scott Newman, former Marion County Prosecutor and Director of Strand Laboratories, I am also honored to be presenting an educational session in Sedona we have dubbed, “Me and You and Rule 702.”

For the past few years, Scott and I have taught a class of up-and-coming expert witnesses at IUPUI, focusing on the admission of expert testimony and expert testimony techniques. As a spinoff of our research and teaching, we have developed a segment for you that tracks the development of law for the admission of expert testimony—from Frye to Federal Rule 702, through Daubert, and on to Kuhmo Tire. We will cover recent amendments to Rule 702 as well as provide a thorough discussion of Indiana Rule of Evidence 702 and the recent Indiana Supreme Court case, Turner v. State.

Is Indiana a Daubert state or not a Daubert state? What are the most important things my expert witness needs to remember while testifying? For answers to these questions and more, it’s time to “get back on the road again” and join the IndyBar in Sedona, Arizona. Great programming and camaraderie await you in November. I hope to see you there!•
 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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