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Who should attend Applying the Rules of Evidence: What Every Attorney Needs to Know
This basic-to-intermediate level seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.
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
ETHICS 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.
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