Blocking Reptile Trial Practices: Excluding Inflammatory, Improper Information Through Oral and Written Argument
Pre-Trial Motions, Trial Briefs, Motions for New Trial and Judgment Nothwithstanding the Verdict, Remedies, Preserving Issues for Appeal
Recording of a 90-minute CLE video webinar with Q&A
The CLE course will discuss how to use strategies through oral and written word to exclude "reptile" evidence and arguments from the courtroom. The program will guide counsel through effective use of pre-trial and trial strategies, motions in limine, trial briefs, and new trial/JNOV motions to exclude Golden Rule arguments, profits-over-safety themes, community savior verdicts, and the like.
Outline
- Overview of reptile approach
- Procedural motions to keep reptile questioning and argument out
- Defending reptile depositions
- Substantive pre- and post-trial motions to combat reptile tactics
- Preserving error for appeal during trial motion
- Motion for mistrial
- Motion for directed verdict
- Preserving error for appeal during trial motion
- Existing and recent case law
Benefits
The panel will review these and other key issues:
- What issues and lines of questioning are best suited for written motions in limine?
- How can defendants respond to allegations that their motions in limine seek what is in effect a "gag" order?
- How can reptile theory error be best preserved for appeal?
- When can counsel seek a new trial based on reptile tactics?
Faculty
Alexandra McLeod
Of Counsel
Wilson Elser
Ms. McLeod has two decades’ experience in Nevada trying cases on both sides of the civil bar in front of Las... | Read More
Ms. McLeod has two decades’ experience in Nevada trying cases on both sides of the civil bar in front of Las Vegas juries. She practices with an emphasis on auto accident, transportation, premises and products liability cases, as well as catastrophic injury and large loss cases. Ms. McLeod has taken more than a dozen cases through to jury verdict with tenacious advocacy for her clients. She also has handled several matters through appeal, and has had the distinction of twice arguing before the Nevada Supreme Court and once before the Nevada Court of Appeals. While undaunted in the courtroom, Ms. McLeod excels at settlements and alternative dispute resolution; she serves the legal community as an Arbitrator and Short Trial Judge, and has handled hundreds of mediations and settlement conferences for her clients.
CloseKathryn S. (Kate) Whitlock
Attorney
McAngus Goudelock & Courie
Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional... | Read More
Ms. Whitlock has spent her entire career defending and counseling individuals and insurance companies in professional liability, products liability and premises liability matters. She represents those in the legal, insurance, real estate and education fields. Ms. Whitlock is highly-skilled in the courtroom and alternative dispute forum; she has tried over 100 cases to jury verdict, bench decision and final arbitrator award in state and federal courts. She has been recognized in her practice by The Best Lawyers in America© and Georgia Super Lawyers, and was named among America’s Top Lawyers by The American Law Society in 2018.
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