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Litigation & Appeals

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Florida Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Florida CLE Approved 7 Total
Live Online
6 hours
Markus Kamberger
Patrick Montoya
Kevin Knight
Daniel Blundy
Richard Ramsey
With Markus M. Kamberger from Bryson Harris Suciu & DeMay, PLLC + 4 others

Mon, Oct 19, 00:00 AM – 00:00 PM

Product ID 102335

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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

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

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Related Topics

Product ID 102335

Credit Details

Credits Available
Credit Status Total
Florida CLE Approved 7 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. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  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

Markus M Kamberger
Markus M.
Kamberger
Bryson Harris Suciu & DeMay, PLLC
Patrick S Montoya
Patrick S.
Montoya
Bryson, Harris, Suciu & DeMay, PLLC
Kevin T Knight
Kevin T.
Knight
DSK Law
Daniel Blundy
Daniel
Blundy
Walker, Revels, Greninger, PLLC
Richard E Ramsey
Richard E.
Ramsey
Wicker Smith
Speaker bio
Markus M Kamberger

Markus M. Kamberger

Bryson Harris Suciu & DeMay, PLLC
Markus Kamberger

is of senior counsel at Bryson, Harris, Suciu & DeMay, PLLC. He is licensed to practice law in the state of Florida. Mr. Kamberger's legal practice focuses on personal injury, products liability, commercial litigation, and class action litigation. He earned his B.A. degree from Florida International University and his J.D. degree from Florida International University College of Law.

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Speaker bio
Patrick S Montoya

Patrick S. Montoya

Bryson, Harris, Suciu & DeMay, PLLC
Patrick Montoya

is a senior partner in the Miami law firm of Bryson, Harris, Suciu & DeMay, PLLC with multiple multi-million dollar verdicts to his credit. His practice areas include class action, wrongful death, complex commercial litigation, product liability, medical malpractice and general personal injury litigation. Mr. Montoya served as an instructor in the University of Miami Paralegal Program and as an adjunct professor at the University of Miami School of Law in the legal research and writing program. He is former president of the Miami Chapter of the American Inns of Court and currently is on the Board of Directors for the Dade County Bar Association. Mr. Montoya frequently lectures for The Florida Bar and other professional groups at continuing legal education programs related to products liability, electronic discovery, medical malpractice, ethical, discovery issues, and other issues related to his practice. He is a member of the American Association for Justice, and the Dade County and American bar associations. Mr. Montoya earned his B.A. degree from Davidson College and his J.D. degree, cum laude, from the University of Miami School of Law.

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Speaker bio
Kevin T Knight

Kevin T. Knight

DSK Law
Kevin Knight

is a partner in the law offices of DSK Law. He is board-certified as a trial lawyer by both The Florida Bar and the National Board of Trial Advocacy. Over the course of his practice, Mr. Knight has generally focused on personal injury litigation. He earned his B.S.B.A. degree, summa cum laude, from the University of Central Florida and his J.D. degree from Stetson University College of Law.

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Speaker bio
Daniel Blundy

Daniel Blundy

Walker, Revels, Greninger, PLLC
Daniel Blundy

is an attorney at Walker, Revels, Greninger, PLLC. His practice centers on insurance defense and first-party property matters. Mr. Blundy's background includes extensive work litigating highly contested matters and representing Fortune 500 companies, small businesses, and individuals in a wide range of civil litigation. He has represented insurance carriers in all manner of litigation, defending them in first-party disputes and defending their insureds in trucking, auto, and commercial liability claims. Mr. Blundy ensures client satisfaction through maintaining open lines of communication and achieving successful outcomes. He attended the University of Florida where he earned his bachelors degrees in political science and psychology in 2005. Mr. Blundy's honors thesis dissected the interpersonal relationships between the Supreme Court Justices and discussed how those relationships affected their jurisprudence. In 2008, he earned his J.D. Degree at the Florida State University College of Law. Mr. Blundy was awarded a Certificate of Distinguished Pro Bono Service for demonstrating a strong commitment to providing pro bono service to those unable to afford legal services. He is a member of The Florida Bar and is admitted to practice law in all Florida state courts, and Federal Southern and Middle District courts of Florida. Mr. Blundy has been an Orlando resident for over a decade and spends his time outside of the office repairing electronic hardware, troubleshooting computer software, and enjoying life with his family.

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Speaker bio
Richard E Ramsey

Richard E. Ramsey

Wicker Smith
Richard Ramsey

joined Wicker Smith in 1990, and is a partner in the firm's Jacksonville office, responsible for overseeing office operations. He has more than 23 years of experience focusing on a broad array of complex litigation involving medical malpractice, professional malpractice, legal malpractice, product liability, nursing home, insurance defense and construction, and is a frequent author and presenter in his areas of expertise. Admitted to practice in the state of Florida, Mr. Ramsey is a certified federal court arbitrator and is also a board certified civil trial law lawyer by the Florida Bar Board of Legal Specialization and Education. He earned his B.A. degree, cum laude, from New York University and his J.D. degree from Catholic University. Mr. Ramsey is a member of The Florida Bar (former member, Fourth Judicial Circuit Bar Grievance Committee), Jacksonville and American bar associations, Florida medical Malpractice Claims Council, Defense Research Institute and the Florida Defense Lawyers Association.

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