101 Series: Pretrial Tactics
Friday, May 5, 2017 • 9:00 a.m. – 3:35 p.m.
6.0 hours CLE Credit
*This seminar is fully accredited by the KS CLE Commission
9:00 a.m. – 9:10 a.m.
Welcome and Announcements
•Judge Gwynne Birzer, Moderator, U.S. Magistrate Judge, Wichita, KS
9:10 a.m. – 10:00 a.m.
Considerations In Charging the Criminal Defendant
•Margaret A. McIntire, Sedgwick County District Attorney’s Office, Wichita, KS
This presentation will cover legal considerations of filing criminal charges against a felony defendant in state
court. The pros and cons of pre-charging negotiations will also be discussed.
10:05 a.m. – 10:55 a.m.
Preparing Criminal Defenses
•Richard Ney, Ney & Adams, Wichita, KS
This presentation will center on how to identify legal and factual defenses to the accusations against your clients,
and once identified, how to prepare those defenses for trial. The topics to be discussed during the hour will
include stand-your-ground self-defense, mental disease or defect and lack of intent. The process of identifying
and preparing a defense will draw from Dr. Atul Gawande’s book, “The Checklist Manifesto.”
Break: 10:55 a.m. – 11:10 a.m. (15 minutes)
11:10 a.m. – 12:00 p.m.
Preparing Your Trial Notebook
•Monika Hoyt, Assistant District Attorney, Sedgwick County District Attorney’s Office, Wichita, KS
•Mark Rudy, Sedgwick County Chief Public Defender, Sedgwick County Public Defender’s Office, Wichita, KS
This presentation will cover trial notebook basics including charging documents (potential lesser included);
tabbed reports by witness; potential direct of defendant/defense witnesses; relevant case law; proposed jury
instructions; preparation of contemporaneous objections beforehand; and the Rules of Evidence.
The speakers will also explore topics including: knowing your opponent/Judge; voir dire customs; potential stipulations; trial schedule habits; affinity for objections by opposing counsel; preparing for the unexpected; be ready to “phone a friend;” treating jailers and guards respectfully and avoid over-reading jurors, their questions, or their read back requests.
Lunch: 12:00 p.m. – 12:45 p.m.
Lunch to be served at the WBA Conference Center
12:45 p.m. – 1:35 p.m.
Preparing For Your Discovery Conference
•Rachel E. Lomas, Hite, Fanning & Honeyman L.L.P., Wichita, KS
This presentation will cover statutes, rules, forms, and tips for a successful discovery conference in state and
1:40 p.m. – 2:30 p.m.
Your First Deposition
•Daniel Back, Hutton & Hutton Law Firm, L.L.C., Wichita, KS
This presentation will provide a sure-fire way to successfully take or defend a new lawyer’s first deposition. It
will address “10 Things to Know Before Taking Your First Deposition,” including general and specific points on
preparation for taking a deposition, approach to taking a deposition, defending a deposition, and dealing with
difficult counsel during a deposition. A few war stories will also be discussed.
Break: 2:30 p.m. – 2:45 p.m. (15 minutes)
2:45 p.m. – 3:35 p.m.
Conducting Discovery For a Dispositive Motion
•Katy E. Tompkins, McDonald Tinker PA,
Regardless of where your client’s name falls on the case caption, every case should be litigated from the outset with a
watchful eye towards dispositive motions. With the unique challenges faced by young lawyers in mind, this presentation
will discuss the types of dispositive motions most commonly filed and practical strategies for structuring a dispositive
motion-minded case. In addition, this presentation will offer advice and litigation strategies regarding how to best
prepare a case for dispositive motion, while simultaneously navigating the often unpredictable waters of civil litigation.