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Overview
A Real-World Application of Evidence to Courtroom Events
The rules of evidence are constantly evolving in response to court decisions, technological advances in discovery, 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 - register 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.
Abbreviated Agenda
- The "Big Six" Admissibility Questions
- Understanding Hearsay
- Witness Testimony and Reports
- Keeping Evidence Out (Pre and Post Trial)
- Handling Email, Social Media and Other ESI
- Admission/Exclusion of Unique Evidence
- Presenting to the Judge and Jury
- Ethical Considerations
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Ohio CLE |
|
6 Total | 12-31-2025 |
Select Jurisdiction
CLE
Agenda
-
The "Big Six" Admissibility Questions
- QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?)
- QUESTION #2: Is it Hearsay?
- QUESTION #3: Is There a Proper Foundation?
- QUESTION #4: Is it Relevant?
- QUESTION #5: Should the Evidence be Excluded?
- QUESTION #6: What is the Proper Way to Introduce the Item into Evidence?
-
Understanding Hearsay
- Overview of Critical Rules You Need to Know Regarding Hearsay
- Recent Case Law
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Exceptions
- Hearsay Problems, Such as When Your Client or Opposing Party is Deceased
- Hearsay Within Hearsay
- Attacking/Supporting Declarant's Credibility
-
Witness Testimony and Reports
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Character and Competency
- Opinion Testimony (Lay and Expert Witnesses)
- Admissibility of What You Give Your Expert
- Court-Appointed Expert Witnesses
- Impeachment
- Frye vs. Daubert Challenges
- Expert Reports
- Other Expert Considerations
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Keeping Evidence Out (Pre and Post Trial)
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Hearsay Objections
- Motion in Limine, Motion to Exclude, and Motion to Strike
- Motions for Sanctions
- Curtailing Speaking Objection
- Use of the Sidebar Conference
- Jury Instructions After the Objection
- Preserving Evidentiary Issues for Appeal
- Timing and Frequency of Objections
- Specificity of Objections
- Motions in Limine
- Offers of Proof
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Handling Email, Social Media and Other ESI
- Collecting ESI
- Recent Case Law
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Email as Evidence
- Electronic Medical Records
- Social Media
- Web Pages
- Video
- Voicemail
- Text Messages
- Citing Online Content Properly
- Preservation of Metadata
-
Admission/Exclusion of Unique Evidence
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Collecting Evidence Through Discovery: Evidence Considerations
- Character Evidence
- Evidence of a Person's Habit
- Evidence of Subsequent Remedial Measures
- Sexual-Assault, Child Molestation, and Sex-Offense Cases
- Writings, Recordings, and Photographs
- Medical Records, Charts, and X-Rays
- Other Records (Business, Public)
- Other Unique Evidence
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Presenting to the Judge and Jury
- Authenticating Exhibits
- Stipulations
- Self-Authenticating
- Authenticating - Laying the Foundation for Admissibility
- Presenting Deposition Records
- Introducing Juries to Evidence
- Providing Jury Notebooks
- Presenting Your ESI: Common Mistakes Made in the Courtroom
- Computer-Aided Displays, Video, and Graphics
- Authenticating Exhibits
-
Ethical Considerations
- Spoliation, Preservation, and Missing Evidence
- Legal Malpractice
- Lawyers as Witnesses
- Handling Highly Prejudicial Evidence
- Talking to Witnesses Before They Testify
- Facilitating Efficiency, Reliability, and Overall Fairness of the Adversary Process
- Attorney-Client Privilege
Who Should Attend
This basic-to-intermediate level online seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.
Speakers
Speaker bio
Peter L. Ostermiller
is a sole practitioner concentrating in legal ethics and professional responsibility matters. In 1980 he obtained his license to practice law in Kentucky. His legal ethics and professional responsibility law practice began in the mid -1980s and, since the mid-1990s has been his practice concentration. He represents attorneys in disciplinary and reinstatement proceedings, judges in judicial ethics matters, and bar exam applicants. Mr. Ostermiller has also represented parties in attorney's fee dispute proceedings, and attorneys in legal proceedings in which sanctions have been sought against the attorney. He has represented parties in attorney disqualification proceedings and counseled lawyers and law firms in their respective rights, responsibilities and duties to other attorneys and their clients. He also serves as an expert witness at the state and federal level regarding legal ethics and professional responsibility matters. Mr. Ostermiller is a member of the Kentucky Bar Association, Louisville Bar Association and Association of Professional Responsibility Lawyers. Mr. Ostermiller earned his B.A. and J.D. degrees from the University of Louisville.
Speaker bio
John L. Tate
is a senior member of Stites & Harbison, PLLC and a fellow of the American College of Trial Lawyers. His national and regional litigation practice focuses on defending complex product liability lawsuits and managing serial litigation. Mr. Tate's extensive trial experience includes medical devices, pharmaceuticals, intellectual property, and a variety of personal injury matters. He has tried product liability cases to jury verdicts in eight states. Mr. Tate also maintains an active appellate practice representing appellees, appellants, and amici curiae in state and federal courts. He earned his B.A. degree from Wake Forest University; his J.D. degree, magna cum laude, from University of Louisville Louis D. Brandeis School of Law; and his M.A. degree from University of Louisville.
Speaker bio
Christopher R. McDowell
is a shareholder with Strauss Troy, where his practice focuses on criminal and commercial-related litigation as well as real estate transactions. This work includes all levels and all stages of criminal and civil proceedings. In addition, Mr. McDowell is heavily involved with commercial landlord tenant law from leasing to evictions. He earned his B.A. degree from Marshall University and his J.D. degree from West Virginia University College of Law. Mr. McDowell is a member of the Cincinnati Bar Association; Republican Ward chairman for the Ward, City of Cincinnati, Hamilton County Republican Party Executive Committee, Hamilton County Republican Party Judicial Selection Committee; member, board of trustees for River City Correctional Institution; and member, Hamilton County Selective Service Board. He is admitted to practice in Ohio, Kentucky, West Virginia, U.S. Supreme Court, U.S. Sixth Circuit Court of Appeals, U.S. District Court Southern and Northern districts of Ohio, U.S. District Court Eastern District of Kentucky, U.S. District Court Southern District of West Virginia, and the U.S. Military Court of Appeals.
Speaker bio
Lauren Nichols
is a partner at Dentons where she is a member of the litigation and dispute resolution team. She focuses on complex business litigation throughout Kentucky. Ms. Nichols believes the best litigators first help clients avoid, mitigate, and resolve potential disputes. When a lawsuit is necessary, she aggressively forms and executes strategies to help each client reach the best resolution possible. Ms. Nichols' goal is to make litigation practical and efficient so that her clients can focus on their business operations. She handles a wide array of sophisticated litigation matters, including complex contract dispute, appellate proceedings, commercial and residential real estate litigation, environmental litigation, trust, estate and fiduciary litigation, and quasi-governmental proceedings. Ms. Nichols earned her her B.A. degree, magna cuma laude, from University of Kentucky and his J.D. degree, magna cuma laude, from University of Kentucky College of Law.
Speaker bio
Michelle C. Fox
is an attorney at Frost Brown Todd LLP in the firm's product, tort, and insurance litigation practice group. She focuses her practice in fire and explosion, dram shop, medical device, and product liability litigation. Prior to joining Frost Brown Todd, Ms. Fox defended practitioners and hospitals in medical malpractice lawsuits, attorneys in legal malpractice suits, and other professionals in licensure claims. She then served as an assistant Commonwealth's attorney, where she prosecuted felonies including: arson, homicide, assault, burglary, robbery, driving under the influence, and theft. Ms. Fox managed her caseload through all stages of litigation from indictment, to adversarial hearings and motion practice, to jury trials. She earned her B.A. degree, summa cum laude, from University of Louisville and her J.D. degree from Indiana University Maurer School of Law.
Speaker bio
Jason T. Ams
is a partner at Dentons. He works with individuals, companies and state and local agencies regarding a wide range of litigation and regulatory issues. Mr. Ams' practice includes assisting clients with business and contract disputes in both federal and state court. He also advises companies and individuals regarding disputes over trust administration and estate proceedings. Mr. Ams regularly assists state and local agencies with a wide variety of public issues. These issues include, but are not limited to, quasi-judicial proceedings, administrative rulemaking, and statutory and regulatory compliance and enforcement. He earned his B.S. degree, summa cum laude, from Murray State University and his J.D. degree, magna cum laude, from University of Kentucky.
Speaker bio
Christopher E. Schaefer
is an attorney with Stoll Keenon Ogden PLLC. He is a member of the business litigation practice with a focus on business torts, antitrust, trade regulation and franchise, class action, securities litigation, trusts and estates, criminal law, construction law, and healthcare. Mr. Schaefer has served as an adjunct professor at the University of Louisville Louis D. Brandeis School of Law, teaching the school’s course in evidence. He also served as the head coach of one of the competitive trial teams for the University of Louisville Louis D. Brandeis School of Law. Mr. Schaefer earned his B.A. degree, summa cum laude, from Bellarmine University; and his J.D. degree, summa cum laude, from the University of Kentucky College of Law. He graduated valedictorian of his law school class and was the law clerk to the Hon. John G. Heyburn II, Judge U.S. District Court for the Western District of Kentucky. Mr. Schaefer is a member of the Louisville Bar Association, Kentucky Bar Association and American Bar Association.
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