Litigation & Appeals

PA Specific

4.44

Pennsylvania Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Bradley Kitlowski
Richard Barkasy
Jennifer DeFlitch
David Kwass
Rachel Horton
Alexander Jamiolkowski
With Bradley J. Kitlowski from Buchanan Ingersol & Rooney PC + 5 others
Recorded October 14, 2025
Product ID 100836

Buy This Course

Course Includes
$489

OnDemand Video

Video Download

Course Book Download


or
Upgrade to Unlimited CLE and Get This Course
$129/month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

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

  1. The "Big Six" Admissibility Questions
  2. Handling Email, Social Media and Other ESI
  3. Understanding Hearsay
  4. Witness Testimony and Reports
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Admission/Exclusion of Unique Evidence
  7. Presenting to the Judge and Jury
  8. Ethical Considerations
Product ID 100836

Credit Details

Credits Available
Credit Status Total
New Jersey CLE Approved 7.2 Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. The "Big Six" Admissibility Questions

    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. Handling Email, Social Media and Other ESI

    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
  3. Understanding Hearsay

    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
  4. Witness Testimony and Reports

    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
  5. Keeping Evidence Out (Pre and Post Trial)

    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
    2. Preserving Evidentiary Issues for Appeal
      1. Timing and Frequency of Objections
      2. Specificity of Objections
      3. Motions in Limine
      4. Offers of Proof
  6. Admission/Exclusion of Unique Evidence

    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
  7. Presenting to the Judge and Jury

    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

    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. 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

Bradley J Kitlowski
Bradley J.
Kitlowski
Buchanan Ingersol & Rooney PC
Richard A Barkasy
Richard A.
Barkasy
Santoro Law Group LLC
Jennifer L DeFlitch
Jennifer L.
DeFlitch
Margolis Edelstein
David Kwass
David
Kwass
Saltz Mongeluzzi Bendesky P.C
Rachel Horton
Rachel
Horton
DLA Piper
Alexander J Jamiolkowski
Alexander J.
Jamiolkowski
Egan & Jamiolkowski
Speaker bio
Bradley J Kitlowski

Bradley J. Kitlowski

Buchanan Ingersol & Rooney PC
Bradley Kitlowski

is a litigator and trial lawyer who represents clients across a broad spectrum of industries in complex antitrust and other commercial disputes, class actions, and multidistrict litigation in federal and state courts. He has substantial experience in litigation involving life science companies, and with estates and trusts litigation in Orphans’ Court Divisions of Pennsylvania state courts. Mr. Kitlowski is a member of the firm’s Life Sciences Industry Team, Antitrust Class Action Team, and Estates and Trusts Litigation Practice Group. He also actively pursues pro bono opportunities, including the representation of prisoners pursuing civil rights claims in federal courts. Mr. Kitlowski currently serves as the head for the Protection From Abuse pro bono program for the firm's Pittsburgh office, and manages Pittsburgh's Project H.E.L.P. (Homeless Experience Legal Protection). He is a member of the Allegheny County Bar Association. Mr. Kitlowski earned his B.A. degree from Cornell University and his J.D. degree, cum laude, from University of Pittsburgh School of Law.

Speaker bio
Richard A Barkasy

Richard A. Barkasy

Santoro Law Group LLC
Richard Barkasy

is a partner with Santoro Law Group LLC. He is an experienced commercial litigator and devotes a substantial portion of his practice to Chapter 11 bankruptcy matters. Mr. Barkasy is an adjunct professor at Rutgers University School of Law (Camden), where he teaches bankruptcy, secured transactions and construction law. He is admitted to practice in Pennsylvania, Delaware and New Jersey. Mr. Barkasy earned his B.A. degree from Dickinson College and his J.D. degree, with honors, from Rutgers University School of Law.

Speaker bio
Jennifer L DeFlitch

Jennifer L. DeFlitch

Margolis Edelstein
Jennifer DeFlitch

is an attorney in the Pittsburgh office of Margolis Edelstein. She is a seasoned litigation attorney with over 15 years of experience. Ms. DeFlitch began her legal career in the energy sector, specializing in oil and gas law, before transitioning to criminal defense. For over eight years, she served at the Westmoreland County Public Defender's Office, where she managed a diverse caseload, from minor summary offenses to serious homicides, guiding clients through all stages of the legal process, including preliminary hearings and appeals. Ms. DeFlitch's trial experience is extensive, encompassing numerous non-jury and jury trials with significant successes. She is renowned for her vigorous defense strategies, often achieving case dismissals through pre-trial motions. Ms. DeFlitch is a dedicated educator at Westmoreland County Community College, where she teaches courses in legal research, writing, and estates and trusts. She earned her B.A. degree from Bucknell University and her J.D. degree from Duquesne University School of Law.

Speaker bio
David Kwass

David Kwass

Saltz Mongeluzzi Bendesky P.C
David Kwass

a partner at Saltz, Mongeluzzi & Bendesky, PC, handles cases involving crane and aerial lift accidents, equipment tipovers, guardrail failures, automobile crashworthiness claims, electrical contacts, workplace falls, recreational products, and liquor liability. He served as the chairman of the State Civil Procedural Rules Committee. An active member of the American Association for Justice, Mr. Kwass is a past chair of the Product Liability Section and currently serves as chairman of the Crane and Aerial Lift Litigation Group and co-chairman of the Guardrail Litigation Group. His passion for workplace safety and safe product design has resulted in nearly 150 separate verdicts and settlements in excess of $1 million. Since 2012, Mr. Kwass has been recognized each year as a Pennsylvania Super Lawyer. His courtroom advocacy has earned multiple seven figure verdicts for his clients, including a $19,100,000 award in June 2021. American Lawyer Media recognized this verdict as the largest in Pennsylvania for 2021. He is a 1987 graduate of Haverford College, receiving his B.A. degree, with honors. Mr. Kwass earned his master’s degree from Georgetown University; his J.D. degree from the University of Virginia School of Law; and his master’s degree, with honors, in trial advocacy from the Temple University School of Law. He continues his association with Temple's School of Law as an adjunct professor of law in the ITAP Program, teaching advanced civil procedure, and lecturing in the LL.M. program on various trial advocacy topics. Mr. Kwass has mentored Temple's trial teams on construction and product liability cases and served as the Coach of the Strawberry Mansion High School Mock Trial Team. An active author, his publishing credits include Heavy Lifting Ahead, Trial, Vol. 55, No. 11 (November 2019) at p. 46; Looking Out for Boom Lift Defects, Trial, Vol. 53, No. 11 (November 2017) at p. 40; Protect Your Life Care Plan, Trial, Vol. 53, No. 4 (April 2017) at p. 52. Building Your Case Against Architects and Engineers, Trial, Vol. 51 (October 2015) at p. 30; “Defective Guardrails on Our Highways,” AAJ Product Liability Section Newsletter (Winter 2015); "Dealing in Dangers," Trial, Vol. 50 (April 2014) at p. 36; “Defuse the OSHA Citation,” Trial, Vol. 49, No. 4 (April 2013) at p. 46; Try Opening with a Videotaped Deposition, Trial, Vol. 43 (April 2007) at p. 52; Proving Your Case With Manufacturer Employee Depositions, Trial, Vol. 42, No. 2 (February 2006) at p. 56; and Law on Seat Belt Defense Continues to Develop, Andrews Litigation Reporter Automotive, Vol. 24, Issue 15 (1/25/05). Mr. Kwass is admitted to practice before the Supreme Court of Pennsylvania;  U.S. District Courts for the Eastern, Middle and Western districts of Pennsylvania; and the Third, Fourth and Seventh Circuit Courts of Appeals. He is an active member of the American and Pennsylvania Associations for Justice, and the Philadelphia Trial Lawyers Association. Away from work, Mr. Kwass is the principal owner of the Tria cafes in Center City, Philadelphia, where wine, cheese and beer are the focus.

Speaker bio
Rachel Horton

Rachel Horton

DLA Piper
Rachel Horton

is an attorney at DLA Piper where she represents pharmaceutical and medical device companies in multidistrict litigation and appeals throughout the United States. She has presented oral arguments in front of federal Courts of Appeals, state and federal trial courts and arbitration panels. She has significant experience drafting dispositive motions that have helped eliminate or narrow claims. For example, she has deep experience litigating preemption and standing issues. Recently, she has collaborated with her colleagues to litigate False Claims Act and intellectual property lawsuits on behalf of life science companies. She earned her A.B. degree, magna cum laude with honors, from Bryn Mawr College; her M.B.E from University of Pennsylvania; and her J.D degree, summa cum laude, from Drexel University.

Speaker bio
Alexander J Jamiolkowski

Alexander J. Jamiolkowski

Egan & Jamiolkowski
Alexander Jamiolkowski

is a partner in the Pittsburgh law firm of Egan & Jamiolkowski. His practice is concentrated in the areas of plaintiff's personal injury, products liability, and commercial and insurance litigation. Mr. Jamiolkowski has lectured to various professional groups on topics relating to his practice of law. He has litigated cases in both state and federal trial courts throughout Pennsylvania, in the appellate courts of the Commonwealth of Pennsylvania, as well as the U.S. Court of Appeals for the Third Circuit. Mr. Jamiolkowski is a member of the Allegheny County Bar Association. He earned his B.A. degree from the University of Scranton and his J.D. degree from Duquesne University School of Law.

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 14 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us