Litigation & Appeals

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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
Live Online
6 hours
Rachel Horton
Marc Daffner
Stuart Gaul
Mark Kardos
William Bickerton
With Rachel A. Horton from DLA Piper + 4 others

Fri, Dec 04, 00:00 AM – 00:00 PM

Product ID 102504

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

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Related Topics

Product ID 102504

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. 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. 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

  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. 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

  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

Rachel A Horton
Rachel A.
Horton
DLA Piper
Marc D Daffner
Marc D.
Daffner
Daffner & Associates, P.C.
Stuart C Gaul Jr.
Stuart C.
Gaul, Jr.
WH Burkley LLP
Mark S Kardos
Mark S.
Kardos
Law Offices of Kardos & Goch
William R Bickerton
William R.
Bickerton
Bickerton Law
Speaker bio
Rachel A Horton

Rachel A. 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.

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Speaker bio
Marc D Daffner

Marc D. Daffner

Daffner & Associates, P.C.
Marc Daffner

is the founding member of the Pittsburgh law firm of Daffner & Associates, P.C. and serves as the managing attorney. He practices criminal defense and civil litigation, including personal injury. Mr. Daffner serves as a specially appointed arbitrator in the Civil Division of the Court of Common Pleas, as well as in the U.S. District Court. He has served as an instructor at continuing legal education programs, and has written a variety of legal texts and teaching materials including the Criminal Practice for the General Practitioner series and Essentials of Pennsylvania Criminal Trial Practice. Mr. Daffner earned his B.A. degree from the University of Rochester and his J.D. degree from the University of Pittsburgh. He is a member of the Allegheny County, Pennsylvania and American bar associations; National Association of Criminal Defense Lawyers; Pennsylvania Association of Criminal Defense Lawyers; and American Association for Justice.

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Speaker bio
Stuart C Gaul Jr.

Stuart C. Gaul, Jr.

WH Burkley LLP
Stuart Gaul

is an attorney with WH Burkley LLP. He develops and implements strategy and tactics for all aspects of commercial disputes; pursuing and defending claims in federal and state trial and appellate courts, in arbitration proceedings and through mediation. Mr. Gaul has more than 25 years of experience in corporate and commercial litigation, with experience ranging from investigation and discovery through motions practice, trials, and appeals. His strengths include written and oral advocacy, factual analysis, and case strategy development. Mr. Gaul has argued before the Supreme, Superior and Commonwealth courts of Pennsylvania. He earned his B.A. degree from Yale University and his J.D. degree, magna cum laude, from University of Pittsburgh.

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Speaker bio
Mark S Kardos

Mark S. Kardos

Law Offices of Kardos & Goch
Mark Kardos

is the principal in the Law Offices of Kardos & Goch, where he has litigated personal injury cases in Philadelphia for more than 42 years, with several verdicts published in the Pennsylvania Jury Reporter and The Verdict, a publication of the Philadelphia Trial Lawyers Association. He also serves as a Judge Pro Tem for the Philadelphia Common Pleas Court. Mr. Kardos earned his B.S. degree from Millersville University and his J.D. degree from the University of Baltimore Law School.

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Speaker bio
William R Bickerton

William R. Bickerton

Bickerton Law
William Bickerton

is an attorney with Bickerton Law. He practices in the area of criminal defense including child abuse charges, white collar crimes and gun and firearm crimes. Mr. Bickerton earned his B.A. degree from Grove City College and his J.D. degree from the University of Pittsburgh School of Law.

 

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