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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
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Virginia 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?
-
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
Stephen R. Jackson
is managing partner with the Law Offices of Stephen R. Jackson, PLLC in Suffolk, Virginia. He is admitted to practice in Virginia and North Carolina. Mr. Jackson's litigation practice focuses primarily on products liability defense and general litigation. He is admitted to practice before the U.S. District courts for the Eastern and Western districts of Virginia; Eastern and Western districts of North Carolina; U.S. Courts of Appeal for the Second, Fourth, Fifth and Seventh circuits; and Supreme Court of the United States. Mr. Jackson is a fellow of the Foundation of the Federal Bar Association, and has served on its Board of Directors since 2020. He earned his J.D. degree from the University of Richmond and his B.A. degree in government, with distinction, from the University of Virginia. Before entering private practice, Mr. Jackson served as a law clerk to the Honorable David G. Lowe of the U.S. District Court for the Eastern District of Virginia in Richmond.
Speaker bio
Hon. Lisa M. Baird
has practiced in Prince William County for almost 25 years, 13 of those years in private practice and almost 12 years on the JDR bench. She was appointed to the circuit court in July 2025. While in private practice, Judge Baird handled municipal, criminal and traffic defense, civil litigation, and simple wills. She appeared on all three levels of court regularly in Prince William County. Judge Baird also represented the towns of Haymarket and Quantico as town attorney, and the City of Manassas Park as the DSS and misdemeanor prosecutions attorney. Her representation of those entities involved attending Council meetings, preparing contracts, FOIA requests, property easements, prosecuting zoning and building code violations, tax enforcement suits, employment matters, assisting with condemnation cases, and any other litigation involving the jurisdictions. Judge Baird was appointed a substitute judge in 2010 and served in that capacity until my Judicial appointment in July 2013. As a Prince William County Juvenile and Domestic Relations Court Judge, she presided over criminal, family law, and DSS cases involving family/household members and children. Judge Baird has piloted the Standardized Dispositional Matrix for juveniles, assisted with diversion and restorative justice practices, drafted model discovery, applied for and was awarded the VSTOP grant for our court, initiated the Hope Card Project, participated in numerous CLE’S as a speaker, edited the custody section of the Bench book for Judges, initiated the sixth judge request, served as chair of our local courts’ Access to Justice Committee, served as JDR Chief Judge from 2016-2018 and 2022-2024. Nationally, she served as a member of the National Council of Juvenile and Family Court Judges serving on the legislative, membership, and family violence and domestic relations committees. On the state level, Judge Baird served on the Board of the Virginia Council of Juvenile and Family Court Judges and served as secretary from 2015-2017. She served on the Executive Committee for District Courts, Court Improvement Advisory Committee, and Virginia State Bar Harry Carrico Professionalism Faculty. Judge Baird also served on the Child Support Committee for Virginia Juvenile and Domestic Relations Court Judges.
Speaker bio
Stephanie S. Ryan
is the principal attorney of Ryan Law PLLC. She practices in the areas of defense of personal injury, workers' compensation claims, transportation and trucking companies, employment litigation and professional liability defense. Ms. Ryan represents clients in jury trials, bench trials, arbitrations and mediations and other administrative proceedings in Virginia and the District of Columbia, and has on occasion defended clients in jury trial in Maryland, North Carolina, South Carolina, and Florida. She is a member of the Virginia and District of Columbia bars. Ms. Ryan earned her B.A. degree from the University of Nevada and her J.D. degree from Pepperdine University School of Law.
Speaker bio
William D. Ashwell
is an attorney with Ashwell & Ashwell, PLLC. He practices in the areas of civil litigation, land use and zoning, appellate advocacy, business and commercial law, and trust and estate planning. Mr. Ashwell is admitted to practice in Virginia and before the U.S. District Court for the Eastern and Western districts of Virginia, U.S. Court of Appeals for the Fourth Circuit, U.S. Bankruptcy Court for the Eastern District of Virginia, and the U.S. Supreme Court. He is a member of the The Virginia State Bar Association and Fauquier Bar Association, and serves on the Virginia State Bar Seventh District Disciplinary Committee. Mr. Ashwell earned his B.A. degree from Hampden-Sydney College and his J.D. degree from the University of Dayton School of Law.
Speaker bio
Hon. Jeanette A. Irby
is a retired Circuit Court Judge for the 20th Judicial Circuit of Virginia. She is currently managing director of Juridical Solutions PLC, where she mediates family law disputes which are most suited to alternative dispute resolution. Judge Irby is experienced in all areas of civil litigation, including complex business disputes, divorce (equitable distribution, spousal support and custody), and personal injury claims. Before going on the bench, she practiced law with her primary focus on domestic relations. Judge Irby earned her B.S. degree from Central Michigan University and her J.D. degree from Thomas W. Cooley Law School.
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