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The Rules of Evidence: A Practical Toolkit  

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This basic-to-intermediate level seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.

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Seminar Summary:

Learn from our experienced faculty as they explore key court decisions involving admissibility and practically apply the rules of evidence to common evidentiary challenges you face during litigation. (see full course description)

 

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Training Course Syllabus:


The Rules of Evidence: A Practical Toolkit

The Rules of Evidence Simplified
The rules of evidence are well established, but with the recent restyling of the federal rules, technological advances in discovery, and other court processes and changes to various state rules; it can be an onerous task to continuously analyze and apply them to your cases. How confident are you in your skills when it comes to gathering and working with expert witness testimony, email/ESI and the technicalities of hearsay? Learn from our experienced faculty as they explore key court decisions involving admissibility and practically apply the rules of evidence to common evidentiary challenges you face during litigation. Untangle the intricate web of evidence rules and procedures - enroll today!

  • Gain veteran tips on applying the rules of evidence at each stage of the litigation process, from discovery to trial.
  • Learn how to effectively analyze, authenticate, admit and exclude the most complex types of evidence.
  • Find out what red flags to look for when handling email and other ESI.
  • Explore hearsay in depth and get a concrete understanding of what constitutes hearsay.
  • Clearly link your evidence to your case with proven presentation skills.
  • Be prepared to argue relevance and get experts and evidence admitted (or excluded) in court.


  1. THE “BIG SIX” ADMISSIBILITY QUESTIONS
    9:00 - 9:30, Scott Duquin
    1. QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?)
    2. QUESTION #2: Is it Hearsay?
    3. QUESTION #3: Is There a Proper Foundation?
    4. QUESTION #4: Is it Relevant?
    5. QUESTION #5: Should the Evidence be Excluded?
    6. QUESTION #6: What is the Proper Way to Introduce the Item into Evidence?
  2. UNDERSTANDING HEARSAY
    9:30 - 10:00, James J. Navagh
    1. Overview of Critical Rules You Need to Know Regarding Hearsay
    2. Recent Case Law
    3. Practical Application of the “Big Six” to Real-World Courtroom Events
      1. Exceptions
      2. Hearsay Problems, Such as When Your Client or Opposing Party is Deceased
      3. Hearsay Within Hearsay
      4. Attacking/Supporting Declarant’s Credibility
  3. ADMISSION/EXCLUSION OF UNIQUE EVIDENCE
    10:15 - 11:15, James J. Navagh
    1. Practical Application of the “Big Six” to Real-World Courtroom Events
      1. Collecting Evidence Through Discovery: Evidence Considerations
      2. Character Evidence
      3. Evidence of a Person’s Habit
      4. Evidence of Subsequent Remedial Measures
      5. Sexual-Assault, Child Molestation and Sex-Offense Cases
      6. Writings, Recordings and Photographs
      7. Medical Records, Charts and X-Rays
      8. Other Records (Business, Public)
      9. Other Unique Evidence
  4. HANDLING EMAIL, SOCIAL MEDIA AND OTHER ESI
    11:15 - 12:00, F. David Rusin
    1. Collecting ESI
    2. Recent Case Law
    3. Practical Application of the “Big Six” to Real-World Courtroom Events
      1. Email as Evidence
      2. Electronic Medical Records
      3. Social Media
      4. Web Pages
      5. Video
      6. Voicemail
      7. Text Messages
    4. Citing Online Content Properly
    5. Preservation of Metadata
  5. WITNESS TESTIMONY AND REPORTS
    1:00 - 1:45, Scott Duquin
    1. Practical Application of the “Big Six” to Real-World Courtroom Events
      1. Character and Competency
      2. Opinion Testimony (Lay and Expert Witnesses)
      3. Admissibility of What You Give Your Expert
      4. Court-Appointed Expert Witnesses
      5. Impeachment
      6. Frye vs. Daubert Challenges
      7. Expert Reports
      8. Other Expert Considerations
  6. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    1:45 - 2:30, F. David Rusin
    1. Practical Application of the “Big Six” to Real-World Courtroom Events
      1. Hearsay Objections
      2. Motion in Limine, Motion to Exclude and Motion to Strike
      3. Motions for Sanctions
      4. Curtailing Speaking Objection
      5. Use of the Sidebar Conference
      6. Jury Instructions After the Objection
  7. PRESENTING TO THE JUDGE AND JURY
    2:45 - 3:30, Christopher Pannozzo
    1. Authenticating Exhibits
      1. Stipulations
      2. Self-Authenticating
      3. Authenticating - Laying the Foundation for Admissibility
    2. Presenting Deposition Records
    3. Introducing Juries to Evidence
    4. Providing Jury Notebooks
    5. Presenting Your ESI: Common Mistakes Made in the Courtroom
    6. Computer-Aided Displays, Video and Graphics
  8. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Christopher Pannozzo
    1. Spoliation, Preservation and Missing Evidence
    2. Legal Malpractice
    3. Lawyers as Witnesses
    4. Handling Highly Prejudicial Evidence
    5. Talking to Witnesses Before They Testify
    6. Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
    7. Privileges Under Rule 502(d)

Seminar Summary:

Learn from our experienced faculty as they explore key court decisions involving admissibility and practically apply the rules of evidence to common evidentiary challenges you face during litigation. (see full course description)

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