Judicial Forum

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Civil Court Judges Weigh in on Discovery and Evidence Today

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Live Online
6 hours
Michael Takac
Rachel Krause
Nicole Taylor
Thomas Anderle
Alan Pryor
B. Tyler Brooks
D. Nicole Sheppard
With Hon. Michael G. Takac from Lake County Circuit Court Fifth Judicial Circuit + 6 others

Wed, Dec 16, 00:00 AM – 00:00 PM

Product ID 102810

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Course Includes
$429

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OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

Hear How Judges Actually Decide Discovery and Evidence Disputes, Including the Mistakes That Frustrate Them and the Conduct They Reward

Most litigators never hear what judges are really thinking when they rule on discovery and evidence. This CLE features civil court judges as they share candid perspectives on proportionality and Rule 26, written discovery and objections, ESI and Rule 37(e) sanctions, deposition conduct, evidence admissibility, and the ethics they enforce most closely. You'll leave knowing what builds credibility in the courtroom and what quietly costs you. Build your skills - register today!

  • Hear what judges expect on proportionality, planning, and communication; and which litigator mistakes frustrate them most.
  • Learn to craft written discovery and objections that hold up when challenged.
  • Understand how judges weigh spoliation and apply Rule 37(e) sanctions when ESI goes wrong.
  • Discover where judges draw the line on witness prep, deposition conduct, and remote deposition standards.
  • Get the judicial perspective on hearsay, authenticating digital and AI-generated evidence, and Daubert challenges.

Presented by Our Distinguished Judges: Hon. Thomas P. Anderle, Hon. Rachel Krause, Hon. D. Nicole Sheppard, Hon. Michael G. Takac and Hon. Nicole Taylor

Moderated by: B. Tyler Brooks and Alan F. Pryor

Abbreviated Agenda

  1. The Modern Evidence and Discovery Landscape: A View from the Bench
  2. Written Discovery: Requests, Responses, and Judicial Expectations
  3. Electronic Evidence, Spoliation, and Sanctions: Hard Lessons from the Bench
  4. Depositions: Strategy, Conduct, and What Judges Actually Expect
  5. How Judges Make Decisions on Evidence: Admissibility, Authentication, and Judicial Gatekeeping
  6. Ethics in Discovery and Evidence Practice

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102810

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Pending 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. The Modern Evidence and Discovery Landscape: A View from the Bench

    1. Evidence Trends and Recurring Problems: What Courts Are Actually Seeing
    2. Proportionality Standard Under Rule 26(b)(1): What Judges Expect
    3. Common Litigator Mistakes That Frustrate Judges and How to Avoid Them
    4. Judicial Preferences for Discovery Planning, Cooperation, and Communication
    5. Preliminary Questions on Admissibility

  2. Written Discovery: Requests, Responses, and Judicial Expectations

    1. Crafting Discovery Requests That Hold Up Under Judicial Scrutiny
    2. Objections That Work - and Ones That Do Not
    3. Meet-and-Confer: What Courts Require and What They Resent
    4. Motions to Compel and Protective Orders: When to Seek Them and What to Expect

  3. Electronic Evidence, Spoliation, and Sanctions: Hard Lessons from the Bench

    1. ESI Preservation Obligations and Protocol Best Practices: Getting It Right Early
    2. Spoliation Defined: Intent, Prejudice, and Judicial Discretion
    3. Rule 37(e): How Courts Apply Sanctions Today
    4. Inadvertent Disclosure and Clawback Agreements: Practical Court Guidance
    5. Hearsay Exceptions in the Digital Era
    6. Authentication Considerations

  4. Depositions: Strategy, Conduct, and What Judges Actually Expect

    1. Witness Preparation: What Courts View as Coaching vs. Legitimate Preparation
    2. Speaking Objections, Interruptions, and Conduct That Draws Sanctions
    3. Remote Depositions: Current Standards and Judicial Preferences
    4. Rule 30(b)(6) Disputes: What Judges Expect From Corporate Witnesses
    5. Handling Difficult Witnesses and Opposing Counsel: A Judicial Perspective

  5. How Judges Make Decisions on Evidence: Admissibility, Authentication, and Judicial Gatekeeping

    1. Effective Motions in Limine: What Judges Want Before Trial
    2. Hearsay and Its Exceptions: What Gets In and What Does Not
    3. Authenticating Digital, Social Media, and AI-Generated Evidence
    4. Expert Witnesses and Daubert Challenges: The Judicial Perspective
    5. Trial Objections: Timing, Form, and What Judges Actually Want
    6. Demonstrative Evidence and Technology in the Courtroom

  6. Ethics in Discovery and Evidence Practice

    1. Candor Toward the Tribunal: Discovery Certifications, Rule 26(g), and Misrepresentation
    2. Fairness to Opposing Party and Counsel: Obstruction, Withholding, and Disclosure Duties
    3. Inadvertently Produced Privileged Materials: Attorney Obligations on Both Sides
    4. Technological Competence: What Judges Expect in ESI and Digital Discovery
    5. Civility, Professionalism, and What Judges Notice - and Remember - on the Record

Who Should Attend

This program is designed for attorneys who want practical insight from judges on discovery and evidence best practices.

Speakers

Hon. Michael G Takac
Hon. Michael G.
Takac
Lake County Circuit Court Fifth Judicial Circuit
Hon. Rachel Krause
Hon. Rachel
Krause
Fulton County Superior Court
Hon. Nicole Taylor
Hon. Nicole
Taylor
Dallas County Court at Law No. 5
Hon. Thomas P Anderle
Hon. Thomas P.
Anderle
Santa Barbara County Superior Court
Alan F Pryor
Alan F.
Pryor
Alston & Bird
B. Tyler Brooks
B. Tyler
Brooks
Law Office of B. Tyler Brooks, PLLC
Hon. D. Nicole Sheppard
Hon. D. Nicole
Sheppard
Orleans Parish Civil District Court, Division J
Speaker bio
Hon. Michael G Takac

Hon. Michael G. Takac

Lake County Circuit Court Fifth Judicial Circuit
Michael Takac

is a Lake County Circuit Court Judge in the Fifth Judicial Circuit.

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Speaker bio
Hon. Rachel Krause

Hon. Rachel Krause

Fulton County Superior Court
Rachel Krause

is a Fulton County Superior Court Judge.

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Speaker bio
Hon. Nicole Taylor

Hon. Nicole Taylor

Dallas County Court at Law No. 5
Nicole Taylor

is a Judge at Dallas County Court at Law No. 5.

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Speaker bio
Hon. Thomas P Anderle

Hon. Thomas P. Anderle

Santa Barbara County Superior Court
Thomas Anderle

is a Superior Court Judge in the Santa Barbara County Superior Court of California.

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Speaker bio
Alan F Pryor

Alan F. Pryor

Alston & Bird
Alan Pryor

is a partner with Alston & Bird's Litigation and Trial Practice Group and a member of the firm's Food & Beverage, and Class Action Teams. An experienced litigator and trial attorney, he represents clients in complex commercial litigation, false advertising and intellectual property, and consumer class action disputes, with a particular focus on the food, beverage, and alcohol space. Mr. Pryor has advised clients in a wide variety of disputes, including class action defense, false advertising, business torts, breach of contract, and fraud matters. He earned his B.A. and B.B.A. degrees from University of Georgia and his J.D. degree from University of Georgia School of Law.

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Speaker bio
B. Tyler Brooks

B. Tyler Brooks

Law Office of B. Tyler Brooks, PLLC
B. Tyler Brooks

is senior counsel with the Thomas More Society and maintains his law office in Greensboro, North Carolina. He represents clients throughout the United States in cases involving free speech and other constitutional rights and has extensive experience engaging in business and employment litigation in trial and appellate courts. Mr. Brooks earned his B.A. degree, summa cum laude, from Wake Forest University; his J.D. degree from Vanderbilt University Law School; and his Master of Laws (LL.M.) degree in taxation from Villanova University's Graduate Tax Program, through which he also completed advanced coursework in ERISA and employee benefits law. He is admitted to practice law in the states of North Carolina, South Carolina, Tennessee, and Michigan as well as numerous federal courts.

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Speaker bio
Hon. D. Nicole Sheppard

Hon. D. Nicole Sheppard

Orleans Parish Civil District Court, Division J
D. Nicole Sheppard

is a Judge in the Orleans Parish Civil District Court.

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