Litigation & Appeals

NE Specific

Nebraska Rules of Evidence: A Practical Toolkit

Credits Available

There is no credit available on this course.
OnDemand
5 hours 53 minutes
Craig Dallon
Jason Bruno
Amber Ayres
Nathan Osborn
T. Kevin Knight
With Craig W. Dallon from Creighton University School of Law + 4 others
Recorded October 20, 2023
Product ID 97282

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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. Presenting to the Judge and Jury
  7. Ethical Considerations

Related Topics

Product ID 97282

Credit Details

Credits Available

There is no credit available on this course.
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Agenda

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  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. 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. 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

Craig W Dallon
Craig W.
Dallon
Creighton University School of Law
Jason M Bruno
Jason M.
Bruno
Sherrets Bruno & Vogt, LLC
Amber D Ayres
Amber D.
Ayres
Nebraska Department of Health and Human Services
Nathan G Osborn
Nathan G.
Osborn
Montgomery Little & Soran, PC
T. Kevin Knight
T. Kevin
Knight
DSK Law
Speaker bio
Craig W Dallon

Craig W. Dallon

Creighton University School of Law
Craig Dallon

is an associate dean and professor of law with Creighton University School of Law, where he teaches on a variety of topics such as copyright law, torts, trademarks, property, and professional responsibility. He is currently the director of the Masters in Government Organization & Leadership (GOAL) degree program at Creighton University. Mr. Dallon earned his B.A. degree and J.D. degree from Brigham Young University. Following law school, he clerked in Olathe, Kansas, for the Honorable James K. Logan on the United States Court of Appeals for the Tenth Circuit. Mr. Dallon then practiced with the law firm of Van Cott, Bagley, Cornwall & McCarthy in Salt Lake City where he was a member of the firm's Litigation Section and technology law practice group. He was an assistant professor of law at Appalachian School of Law and a visiting assistant professor of law at Brigham Young University before joining Creighton University. He was associate dean of the Creighton University School of Law from 2006 to 2014.

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Speaker bio
Jason M Bruno

Jason M. Bruno

Sherrets Bruno & Vogt, LLC
Jason Bruno

is an attorney with the law firm of Sherrets Bruno & Vogt, LLC. He is an experienced multi-jurisdictional trial and appellate attorney with an office in Scottsdale, focusing on business litigation, real estate litigation, construction litigation, personal injury, legal malpractice and eminent domain. Mr. Bruno regularly fights for the rights of individuals, small business owners, and condemnees against insurance companies, banks, and the government. He has successfully represented two clients against the United States of America. Mr. Bruno has assisted clients in obtaining fair value for private property taken through eminent domain, including from the City of Dallas, Texas; the City of Omaha, Nebraska; Douglas County, Nebraska; Sarpy County, Nebraska; the University of Nebraska Board of Regents; the City of Blair, Nebraska; the Metropolitan Utilities District; and the State of Nebraska. He earned his B.A. degree, magna cum laude, at Saint Leo University, Saint Leo, Florida and his J.D. degree, cum laude, at Creighton University School of Law, Omaha, Nebraska.

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Speaker bio
Amber D Ayres

Amber D. Ayres

Nebraska Department of Health and Human Services
Amber Ayres

is an attorney with the Nebraska Department of Health and Human Services. Ms. Ayres is a member of the American Society of Legal Advocates, National Association of Professional Women and a member of the Concord Club and Omaha Service Club. She practices law in the State Courts of Nebraska, and is bilingual and speaks both Spanish and English fluently. Ms. Ayres earned her B.A. degree from Brigham Young University and her J.D. degree from Creighton University School of Law.

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Speaker bio
Nathan G Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC
Nathan Osborn

is an equity shareholder with Montgomery Little & Soran, PC in Greenwood Village, Colorado. His practice is focused on real estate litigation, real estate transactions, and commercial litigation. Mr. Osborn also helps numerous real estate and medical businesses by acting as their full-service corporate attorney. In addition to his work for clients, he can be hired as an expert witness in cases involving real estate issues. Mr. Osborn is licensed to practice in Colorado and Nebraska. He represents a broad mix of clients, but primarily handles matters relating to real estate title and access disputes, title insurance, boundary disputes, landlord-tenant disputes, leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, condominium conversions, real covenants, spurious liens, partitions, business formation, and real estate broker license complaint cases. Mr. Osborn earned his B.A. degree from Texas Christian University and his J.D. degree, with distinction, from the University of Nebraska College of Law.

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Speaker bio
T. Kevin Knight

T. Kevin Knight

DSK Law
T. 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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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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