Best Litigation Practices Within the Boundaries of Evidence Rules and Procedure
No case can be won on sheer brilliance alone. Evidence is the backbone on which effective advocacy is borne. Are you making the best use of all types of evidence in each case? In a day of intense study, our experienced attorney faculty will share their tips on how to recognize key evidence and then traverse the obstacle course of qualifying rules and opposing counsel's attempts to strike it, to deliver it to the decision maker unscathed and introduce it for maximum impact. Learn to use the rules of evidence with surgical precision - enroll today!
- Learn what you must and cannot do in getting evidence admitted and excluded, lest you ruin your case.
- Examine the differences between common and statutory law, and state and federal rules in controlling admissibility.
- Save time by maximizing your use of stipulations early in the case.
- Learn to quickly spot the admissibility potential of evidence - and save yourself fruitless efforts.
- Explore specific problems you may face in getting evidence admitted and get solutions from experienced attorney faculty.
- Cover all your bases when qualifying your experts and verifying their theories and methodologies.
- Get reliable litigation tactics for supporting and attacking evidence at trial.
- Find out how recent court rulings are shaping the litigation practice today.
- DETERMINING ADMISSIBILITY
9:00 - 10:15, James M. Harrington
- Determine Applicability of Rules: State and Federal
- Is it Hearsay?
- Is it Relevant?
- Reasons to Exclude
- Exclusion on Grounds of Prejudice, Confusion, or Waste of Time
- Other Reasons Based on the Types of Evidence
- Character Evidence or Evidence of Habit
- On Subsequent Remedial Measures
- Of Witness Credibility
- Is the Evidence Authentic?
- Is There a Proper Foundation?
- If Evidence is a Writing, a Recording or a Photograph, is the Best Evidence Rule Satisfied?
- Admissibility of Evidence of Subsequent Remedial Measures
- Proper Way to Introduce Items Into Evidence
- HEARSAY OBJECTIONS AND EXCEPTIONS
10:30 - 11:15, James M. Harrington
- Formal Exceptions to Hearsay
- FRE 801(d) Exceptions
- Anticipating and Minimizing Hearsay Objections
- Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
- Hearsay Problems When Your Client, or Opposing Party, is Deceased
- Hearsay in Medical Records: When it Comes in, When it Doesn't
- Recent Case Law
- EXPERT REPORTS AND SCIENTIFIC EVIDENCE
11:15 - 12:00, R. Steven DeGeorge
- Assessing the Potential Weight of Scientific Evidence
- Qualifying Experts and Verifying Methodologies/Theories
- Admissibility of What You Give Your Expert
- The Logistics of Obtaining, Analyzing and Admitting Expert Opinion Reports
- Looking out for Red Flags and Errors
1:00 - 2:00, James M. Harrington
- Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
- Complying With Time Constraints
- Asserting and Challenging Privileges Under Rule 502(d)
- Abusive Litigation Practices and Their Remedies
- Keeping the Client Informed
- What to do When Your Client is Dishonest
- ELECTRONIC DISCOVERY UPDATE
2:00 - 3:00, Richard S. Glaser Jr.
- Sedona Principles
- Litigation Holds Case Law Update - Helping Business Clients be Prepared
- Identifying and Communicating With Data Custodians
- E-Discovery Technology Tools and Vendors - A Necessary Evil?
- Top 10 Mistakes That can Jeopardize Admissibility of Electronically Stored Evidence
- AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
3:15 - 4:30, S. Fredrick Winiker III
- Chain of Custody/Care and Handling/Spoliation
- Technical Methods of Preparing and Defending Motions in Limine
- Rules Regarding the Use of Demonstrative Exhibits
- Common Mistakes in Introducing Evidence and Testimony at Trial
- Presenting Deposition Records Without Boring Decision Makers to Tears
- Contemporaneous Objection Rule
- Curtailing Speaking Objections
- Bench (Sidebar) Conferences
- Instructing the Jury to Disregard Information When Objection is Sustained
- Practical Case Studies: Best Ways of Getting Evidence Excluded and Admitted