Trial Practice in the Water Courts: Trying Your Water Law Case Out of Stock
Co-sponsored by the Colorado Supreme Court and the Colorado Bar Association
RESCHEDULED FROM 05/08/2020
Learn the practicalities of trying your water court case. We’ll discuss burdens of proof, required evidence, making a clear record, preserving issues for appeal, and motions. PLUS, seasoned practitioners and officials will treat you to mock trials of water rights issues routinely heard by water courts. And, don’t miss the end of the day session during which your colleagues will share the takeaway points.
- Gain insights into trying cases in Colorado’s unique water court system
- Hear experts on best practices in the trial phase as to burdens of proof, evidence, expert testimony, making a clear record, preserving issues for appeal and motions
- Mock trial, plus a wrap-up session with colleagues
Home studies will be available approximately 2-3 weeks following the live program.
For your own safety, the safety of others, and in an effort to provide everyone with the most rewarding in-person meeting and event experiences possible, we request that you attend this event only if you have been fully vaccinated. All attendees must wear masks for indoor events unless attendees can maintain a distance of six feet from each other, in which case masks may be removed. Masks may also be removed by an attendee, briefly, when they are speaking, eating, or drinking.
Depending on CDC and/or state or local health guidelines, a rise in COVID-19 cases, or other circumstances that may threaten the well-being of our attendees, CBA-CLE reserves the right to convert to a fully virtual event.
If disability accommodations or special assistance are needed, please contact us at [email protected]. Requests must be made at least two weeks prior to the scheduled program.
The program will be submitted for CLE accreditation in Colorado. If you need to seek accreditation in another state, please review the process and requirements for that individual state. CBA-CLE staff can provide a Uniform Certificate of Attendance, and it is the attendee’s responsibility to complete the accreditation outside of Colorado.
8:30 AM
Registration and Coffee
9:00 – 9:10 AM
Welcome and Introductions
Extended by Honorable Monica M. Márquez, Justice, Colorado Supreme Court
9:10 – 10:10 AM
Burdens of Proof: Different Claims and Cases
- Elements
- What Works
- What Doesn’t Work
Presented by., Jennifer M. DiLalla, Ph.D., Esq., Moses, Wittemyer, Harrison & Woodruff, P.C., James Witwer, Esq. Davis Graham & Stubbs LLP, and Mary Presecan, PE, PMP, LRE Water
10:10 – 10:25 AM
Networking Break
10:25 – 11:25 AM
Evidence
- Documentary evidence — pitfalls and opportunities
- Testimony of experts versus lay witnesses
- Using cross-examination to support your case
- Deploying rules of evidence effectively
Presented by Ema I.G. Schultz, Esq., Senior Assistant Attorney General, Parks, Wildlife, and Trust Lands Unit, and Alyson Kimzey Scott, Esq., Alyson Scott Law, LLC
Moderated by Sarah A. Klahn, Esq. Somach Simmons & Dunn
11:25 AM – 12:25 PM
Making a Clear Record and Preserving Issues for Appeal
- Keys to getting exhibits and testimony into evidence
- Other to do’s in the trial court to prepare for a potential appeal
- What does the appellate court consider to be a “clear” or helpful record?
Presented by Bradley C. Grasmick, Esq., Lawrence Jones Custer Grasmick LLP, and Kevin J. Kinnear, Esq., Kinnear LLC
Moderated by Casey S. Funk, J.D., Former In-House Counsel, Denver Board of Water Commissioners
12:25 – 1:30 PM
Lunch on Your Own
1:30 – 2:20 PM
Motions: Who Can File What, When to Use, When to File
Presented by Julianne M. Woldridge, Esq., MacDougall & Woldridge, P.C.; Dulcinea Z. Hanuschak, Esq. Brownstein Hyatt Farber Schreck, LLP; and
Susan M. Ryan, Esq, Holland and Hart, LLP
2:20 – 3:00 PM
Trial Tactics: Conditional Water Rights
- Strategies, tactics, and lessons learned
- Help your expert witness help your case
Presented by Julianne M. Woldridge, Esq., MacDougall & Woldridge, P.C.; Cristy Radabaugh, P.E., Martin and Wood Water Consultants, Inc., and Evan D. Ela, Esq., Cockrel Ela Glesne Greher & Ruhland P.C.
3:00 – 3:10 PM
Networking Break
3:10 – 3:50 PM
Mock Trial: Change/Augmentation of a Water Right
- Direct examination and cross examination
- Expert Testimony
- What works? What doesn’t work?
Presented by Sarah Klahn, Esq. Somach Simmons & Dunn, Dean Santistevan, P.E., Assistant Division Engineer, Division 1 (South Platte River Basin), Chad M. Wallace, Esq., Senior Assistant Attorney General, Colorado Department of Law, and Water Judge TBA
3:50 – 4:20 PM
Takeaways: Helpful or Surprising Insights and More Offered During the Day
Presented by David F. Bower, Esq., Johnson & Repucci LLP; Jason M. Brothers, P.E., Summit Water Engineers; Jennifer M. DiLalla, Ph.D., Esq., Moses, Wittemyer, Harrison & Woodruff, P.C.; and Alison I.D. Gorsevski, Esq. Vranesh and Raisch, LLP
Moderated by John P. Justus, Esq., Hoskin Farina & Kampf
4:20 PM
Adjourn
- Standard Price $519.00 USD
- Member Price $389.00 USD
- General Credits 7.00
- Ethics Credits 0.00
8:30 AM
Registration and Coffee
9:00 – 9:10 AM
Welcome and Introductions
Extended by Honorable Monica M. Márquez, Justice, Colorado Supreme Court
9:10 – 10:10 AM
Burdens of Proof: Different Claims and Cases
- Elements
- What Works
- What Doesn’t Work
Presented by., Jennifer M. DiLalla, Ph.D., Esq., Moses, Wittemyer, Harrison & Woodruff, P.C., James Witwer, Esq. Davis Graham & Stubbs LLP, and Mary Presecan, PE, PMP, LRE Water
10:10 – 10:25 AM
Networking Break
10:25 – 11:25 AM
Evidence
- Documentary evidence — pitfalls and opportunities
- Testimony of experts versus lay witnesses
- Using cross-examination to support your case
- Deploying rules of evidence effectively
Presented by Ema I.G. Schultz, Esq., Senior Assistant Attorney General, Parks, Wildlife, and Trust Lands Unit, and Alyson Kimzey Scott, Esq., Alyson Scott Law, LLC
Moderated by Sarah A. Klahn, Esq. Somach Simmons & Dunn
11:25 AM – 12:25 PM
Making a Clear Record and Preserving Issues for Appeal
- Keys to getting exhibits and testimony into evidence
- Other to do’s in the trial court to prepare for a potential appeal
- What does the appellate court consider to be a “clear” or helpful record?
Presented by Bradley C. Grasmick, Esq., Lawrence Jones Custer Grasmick LLP, and Kevin J. Kinnear, Esq., Kinnear LLC
Moderated by Casey S. Funk, J.D., Former In-House Counsel, Denver Board of Water Commissioners
12:25 – 1:30 PM
Lunch on Your Own
1:30 – 2:20 PM
Motions: Who Can File What, When to Use, When to File
Presented by Julianne M. Woldridge, Esq., MacDougall & Woldridge, P.C.; Dulcinea Z. Hanuschak, Esq. Brownstein Hyatt Farber Schreck, LLP; and
Susan M. Ryan, Esq, Holland and Hart, LLP
2:20 – 3:00 PM
Trial Tactics: Conditional Water Rights
- Strategies, tactics, and lessons learned
- Help your expert witness help your case
Presented by Julianne M. Woldridge, Esq., MacDougall & Woldridge, P.C.; Cristy Radabaugh, P.E., Martin and Wood Water Consultants, Inc., and Evan D. Ela, Esq., Cockrel Ela Glesne Greher & Ruhland P.C.
3:00 – 3:10 PM
Networking Break
3:10 – 3:50 PM
Mock Trial: Change/Augmentation of a Water Right
- Direct examination and cross examination
- Expert Testimony
- What works? What doesn’t work?
Presented by Sarah Klahn, Esq. Somach Simmons & Dunn, Dean Santistevan, P.E., Assistant Division Engineer, Division 1 (South Platte River Basin), Chad M. Wallace, Esq., Senior Assistant Attorney General, Colorado Department of Law, and Water Judge TBA
3:50 – 4:20 PM
Takeaways: Helpful or Surprising Insights and More Offered During the Day
Presented by David F. Bower, Esq., Johnson & Repucci LLP; Jason M. Brothers, P.E., Summit Water Engineers; Jennifer M. DiLalla, Ph.D., Esq., Moses, Wittemyer, Harrison & Woodruff, P.C.; and Alison I.D. Gorsevski, Esq. Vranesh and Raisch, LLP
Moderated by John P. Justus, Esq., Hoskin Farina & Kampf
4:20 PM
Adjourn
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