Litigation & Appeals

NM Specific

4.44

How to Lay a Foundation to Get Your Evidence Introduced in New Mexico

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New Mexico Paralegal Division, State Bar of Approved 6 Total
OnDemand
5 hours 57 minutes
Mark West
Jon Neumann
Brent Owen
With Mark West from Law Offices of Mark West + 2 others
Recorded December 15, 2023
Product ID 97504

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Overview

Social Media, Texts, Business Records, Expert Witness Testimony, and More

You can't get your evidence admitted without establishing the proper evidentiary foundations. In this practical online seminar, faculty will teach you how to lay a foundation for different types of evidence and avoid being tripped up by objections opposing counsel will throw your way. Navigate the rules of evidence with confidence - register today!

  • Pick up preparation pointers that will help you avoid troubles at trial.
  • Learn how to authenticate social media posts, texts, emails, and other electronic evidence.
  • Find out how to establish a proper foundation for medical records, business records, and more.
  • See how to get your expert's testimony in - and keep theirs out.
  • Hear how to best introduce physical evidence at trial.
  • Convince the court that you've satisfied the fairness requirement for demonstrative evidence.

Abbreviated Agenda

  1. Essentials of Laying a Foundation
  2. Establishing Foundations for Business Records and Other Documentary Evidence
  3. Laying a Foundation for Expert Witness Testimony
  4. Demonstrative and Illustrative Evidence: Satisfying the Foundation Requirements
  5. How to Authenticate Social Media Posts, Texts, Emails, and More
  6. Introducing Physical Evidence at Trial
  7. Applying Ethics Rules to Evidence

Related Topics

Product ID 97504

Credit Details

Credits Available
Credit Status Total
New Mexico CLE Approved 6 Total
Nevada 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. Essentials of Laying a Foundation

    1. Procedures for Introducing Exhibits at Trial
    2. Authenticity, Reliability, and Relevance
    3. Foundation Requirements for Real, Illustrative, Demonstrative, and Documentary Evidence
    4. How to Handle Evidentiary Objections
    5. Preparing Evidence and Planning for Admissibility Issues Before Trial
    6. Issuing Trial Subpoenas to Witnesses

  2. Establishing Foundations for Business Records and Other Documentary Evidence

    1. Business Records
    2. Photographs
    3. Models, Maps, Diagrams
    4. Video Recordings
    5. Letters, Writings, and Contracts
    6. Medical Records, X-Rays, and Bills
    7. Establishing Foundations for Other Documentary Evidence
    8. Satisfying the Best Evidence Rule

  3. Laying a Foundation for Expert Witness Testimony

    1. Establishing Competency and Qualifications
    2. Verifying an Expert's Methodologies
    3. Motions in Limine: Bringing or Defending Against
    4. At the Hearing
    5. Case Law Review

  4. Demonstrative and Illustrative Evidence: Satisfying the Foundation Requirements

    1. Establishing Relevancy
    2. Battleground for Demonstrative Evidence: Satisfying the Fairness Requirement
    3. PowerPoints
    4. Computer Simulations and Recreations
    5. Handling Numerical Data, Charts, and Graphs
    6. Models, Maps, Diagrams
    7. Photographs and Videos
    8. Case Law Review

  5. How to Authenticate Social Media Posts, Texts, Emails, and More

    1. How to Collect to Ensure Admission Later On
    2. Authenticating Emails
    3. How to Lay a Foundation for Facebook, YouTube Videos, Other Internet Records
    4. Digital Photographs
    5. Authenticating Texts and Other Smartphone Evidence
    6. Real-World Demonstrations
    7. How to Overcome Hearsay Objections
    8. Rule and Case Law Updates

  6. Introducing Physical Evidence at Trial

  7. Applying Ethics Rules to Evidence

    1. Ethics of ESI
    2. Handling Prejudicial Evidence
    3. Candor With the Court
    4. "Coaching" Witnesses

Who Should Attend

This basic level online seminar is designed for attorneys. Paralegals may also benefit.

Speakers

Mark West
Mark
West
Law Offices of Mark West
Jon T Neumann
Jon T.
Neumann
Greenberg Traurig, LLP
Brent Owen
Brent
Owen
Haynes Boone
Speaker bio
Mark West

Mark West

Law Offices of Mark West
Mark West

is a sole practitioner in San Gabriel, where he practices in plaintiff personal injury and wrongful death, products liability law, medical malpractice, and business civil litigation. He has published several articles and frequently lectures. Mr. West is admitted to practice in the Northern, Central and Southern U.S. District Courts in California; Ninth Circuit Court of Appeals, and Supreme Court of the United States. He has also been admitted pro hac vice in the state and U.S. District Court for Nevada, and the U.S. District Court for Minnesota. Mr. West is a member of the American and Los Angeles County bar associations, State Bar of California, Consumer Attorneys Association of Los Angeles, Consumer Attorneys of California (past legislative district coordinator), and the American Trial Lawyers Association. He earned his B.S. degree from New Hampshire College (now Southern New Hampshire University) and his J.D. degree from Southwestern University School of Law.

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Speaker bio
Jon T Neumann

Jon T. Neumann

Greenberg Traurig, LLP
Jon Neumann

is a shareholder in the law firm of Greenberg Traurig, LLP. He is an experienced trial lawyer representing insurers and other clients in complex disputes in federal and state courts, as well as in varied domestic and international arbitral forums. Additionally, Mr. Neumann provides coverage advice and helps insurers in the defense of arbitrations and civil litigation, including claims relating to breach of contract, breach of fiduciary duty, bad faith, business torts, insurance coverage, punitive damages, and state consumer-protection statutes. He earned his B.S. degree from Arizona State University and his J.D. degree from the University of Texas at Austin. Mr. Neumann is a member of the state bars of New Mexico, Arizona, Nevada and California.

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Speaker bio
Brent Owen

Brent Owen

Haynes Boone
Brent Owen

is a partner with Haynes Boone. He is a first-chair trial lawyer trusted by clients to handle high-stakes litigation. Mr. Owen’s experience includes trials in both state and federal courts before judges and juries and in arbitration tribunals. A former law clerk to the Colorado Supreme Court, he brings creative approaches to resolve litigation in a client’s favor as early as possible. If that fails, Mr. Owen is well situated to go to trial on the merits and will protect a client’s interests through appeal. He has been retained shortly before trial and achieved favorable outcomes in those instances. Mr. Owen’s experience includes litigating a wide range of complicated environmental issues, including “forever chemicals,” Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) lawsuits, and state environmental laws. He has obtained multimillion-dollar judgments, defense verdicts in cases with seven-figure exposure and multimillion-dollar settlements. During law school, Mr. Owen externed for the Honorable Kristen L. Mix and the Honorable Christine Arguello at the U.S. District Court in the District of Colorado. Following law school, he served as a law clerk to the Honorable Nancy E. Rice of the Colorado Supreme Court. Mr. Owen earned his B.A. degree from Wofford College and his J.D. degree from University of Colorado. He is on the Colorado Supreme Court Advisory Committee on the Rules of Civil Procedure, founding board member and secretary of Academy 360, member of Colorado Succeeds Talent Task Force-Colorado Succeeds Advisory Council, and the Daniels Fund Scholarship Selection Review Committee. Mr. Owen is admitted to practice in New Mexico, Wyoming and Colorado; the U.S. District Court, Districts of Colorado, Northern District of Illinois and District of Connecticut; U.S. Court of Appeals, Seventh, Ninth and Tenth circuits; and United States Supreme Court.

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