Witness Preparation for Texas Administrative Hearings

While many aspects of administrative litigation require significant time and attention—the importance of presenting well prepared witnesses, particularly Subject Matter Experts, cannot be understated. The process of navigating through complex administrative proceedings that may require several rounds of pre-filed testimony, depositions and live cross-examination is often challenging. This course will examine each step in that process, including expert selection, preparation of pre-filed and live testimony and protection of your expert’s credibility and opinions from attack on cross-examination. Practice tips and practical examples from administrative hearings before the State Office of Administrative Hearings and various state agencies will round out the presentation.

Although this course is geared towards administrative hearings, the practical tools discussed are universal and can be applied to witness preparation in many different venues. Presenter Susan M. Stith, currently Special Counsel in the Business Trial Practice Group of Sheppard Mullin, has litigated numerous cases in both district and federal court, the State Office of Administrative Hearings, and before various state agencies.

Learning Objectives:

1. Obtain an overview of administrative litigation and the role of factual witnesses and subject matter experts
2. Understand the procedural rules applicable in administrative hearings as they relate to expert testimony
3. Appreciate the differences in strategy and presentation of cases before Administrative Law Judges in proceedings referred by state agencies versus less specialized district court judges or juries
4. Acquire helpful practice tips in selecting and preparing witnesses to provide persuasive testimony and withstand challenges to their expert designation and testimony