Litigation & Appeals

NM Specific

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New Mexico Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Live Online
6 hours
Kevin Madden
Jamie Keeton
Gary Boyle
With Kevin M. Madden from Law Offices of Kevin Michael Madden, P.L.L.C. + 3 others

Wed, Dec 02, 00:00 AM – 00:00 PM

Product ID 102494

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$389

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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. Witness Testimony and Reports
  4. Handling Email, Social Media and Other ESI
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Admission/Exclusion of Unique Evidence
  7. Presenting to the Judge and Jury
  8. Ethical Considerations

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Related Topics

Product ID 102494

Credit Details

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
Select Jurisdiction
CLE
Paralegal

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. 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

  4. 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

  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

Kevin M Madden
Kevin M.
Madden
Law Offices of Kevin Michael Madden, P.L.L.C.
Jamie Keeton
Jamie
Keeton
Gavrilov & Brooks
Gary W Boyle
Gary W.
Boyle
Boyle Law Office
LG
Linn E.
Gillen
Jackson Lewis P.C.
Speaker bio
Kevin M Madden

Kevin M. Madden

Law Offices of Kevin Michael Madden, P.L.L.C.
Kevin Madden

is the founding member of the Law Offices of Kevin Michael Madden, P.L.L.C., where he practices in the areas of civil trial practice, commercial litigation, business litigation, construction law and employment law. He is admitted to practice in Texas and before the U.S. District Court, Southern and Eastern districts of Texas. Mr. Madden was the articles editor for the Houston Journal of International Law. He was the judicial intern to the Honorable David Hittner, U.S. District Court for the Southern District of Texas; and a law clerk to the Honorable Joseph James "Tad" Halbach, Jr., 333rd District Court, Harris County, Texas. Mr. Madden is a member of the Houston Bar Association, State Bar of Texas, Texas Young Lawyers Association, Texas Trial Lawyers Association, Association of Trial Lawyers of America and Trial Lawyers for Public Justice. He earned his B.A. degree from the University of Colorado at Boulder, his B.S. degree from the University of Houston and his J.D. degree from the University of Houston Law Center.

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Speaker bio
Jamie Keeton

Jamie Keeton

Gavrilov & Brooks
Jamie Keeton

is a partner at Gavrilov & Brooks. As a litigator, she represents both plaintiffs and defendants in complex civil matters, including personal injury, real estate, construction defect, employment disputes, and consumer fraud. Ms. Keeton is licensed to practice law in California, Nevada, Texas, Arizona, Utah, New Mexico, Washington State, and Washington, D.C., and has appeared in courts across the western United States. She earned her B.A. degree from Arizona State University, her M.A. degree from UCLA and her J.D. degree from Loyola Law School.

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Speaker bio
Gary W Boyle

Gary W. Boyle

Boyle Law Office
Gary Boyle

is the founder of Boyle Law Office in Santa Fe, where his practice is focused in corporate law, family law and litigation. He currently serves as the virtual general counsel for ADL High Voltage, Inc. (Texas), EnergyComNetwork, Inc. d/b/a PayGo Utilities (Georgia), and Flask, Inc. (New Mexico). Mr. Boyle maintains an active litigation practice in New Mexico emphasizing family law. He is licensed to practice in the state courts of New Mexico, Texas and Oklahoma, and in various federal courts including the U.S. Supreme Court. Mr. Boyle earned his J.D. degree, with honors, from the University of Tulsa College of Law.

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Speaker bio
LG

Linn E. Gillen

Jackson Lewis P.C.
Linn Gillen

is of counsel at Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling. Prior to joining Jackson Lewis, Ms. Gillen worked for California and New Mexico civil litigation firms gaining valuable courtroom and trial experience. She has experience handling litigation matters from intake through trial and appeal. Ms. Gillen has a deep appreciation for civil procedure professionally and as a hobby, while in law school being awarded the CALI in California Civil Procedure. She enjoys contemplating evidence and civil procedure issues as applied to employment litigation to provide cost effective litigation solutions for clients. Ms. Gillen earned her B.A. degree, cum laude, from Sonoma State University and her J.D. degree from Golden Gate University.

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