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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
- Witness Testimony and Reports
- Admission/Exclusion of Unique Evidence
- Understanding Hearsay
- Handling Email, Social Media and Other ESI
- Keeping Evidence Out (Pre and Post Trial)
- Presenting to the Judge and Jury
- Ethical Considerations
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Utah CLE |
|
6 Total |
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?
-
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
-
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
-
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
-
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
-
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
-
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
John A. Snow
is a shareholder with Parsons Behle & Latimer. His practice consists of general civil litigation, including commercial, professional malpractice, construction, and insurance coverage and defense. Mr. Snow is a member of the Utah State Bar; Litigation Section of the Utah State Bar; Construction Law Section of the Utah State Bar; State Bar of Nevada; American Bar Association; Litigation Section, former chair of the Ethics Advisory Opinion Committee (Utah State Bar); and member of the United States District Court for Utah (Technology Advisory Committee). He has been designated in The Best Lawyers in America for more than five years, in the specialties of legal malpractice law, commercial litigation and construction law. Mr. Snow has been designated in Utah Business magazine's Utah Legal Elite, in the specialties of civil litigation and construction law. He has also been designated as a Super Lawyer in the Mountain States in Super Lawyer Magazine, Mr. Snow earned his B.A. degree from Brigham Young University and his J.D. degree, cum laude, from Arizona State University.
Speaker bio
Michael W. Young
is a civil litigator and trial attorney. His practice is focused on helping clients solve difficult and sensitive legal issues. This often happens in the context of bet-the-company litigation or claims with a high degree of public interest. Mr. Young is most at home in the courtroom and has tried numerous cases before judges and juries across a number of practice areas and jurisdictions. In this respect, he is dedicated to remaining a "generalist" but is currently most engaged in private and public investor disputes, quit tam or "whistleblower" claims, and product liability litigation. As the centerpiece of his practice, Mr. Young represents survivors and victims of sexual assault and abuse in civil litigation against individuals, governmental entities, and private institutions. This practice is an extension of his work in the Special Department for War Crimes in the Prosecutor's Office of Bosnia and Herzegovina early in his career. During his time in Bosnia, Mr. Young worked as part of the legal team that over several months of trial successfully prosecuted Marko Radic and others for crimes against humanity and, in particular, the systemic rape and abuse of prisoners of war.
Speaker bio
Joshua D. Jewkes
is an attorney with Gordon Law Group. He focuses his practice on business and real estate transactions and dispute resolution. Mr. Jewkes acts as general counsel to several local businesses and enjoys solving complex legal problems for his clients. He is admitted to practice in Utah, Georgia and Illinois and numerous federal courts. He is the current vice-chair of the Wasatch Community Foundation and the former president of the Wasatch County Bar Association. Mr. Jewkes earned his B.A. degree from Brigham Young University and his J.D. degree from J. Rueben Clark Law School at B.Y.U.
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