Litigation & Appeals

4.3

Evidence Presentation, Objections, and Admission: The Trial Attorney's Guide

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania 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
OnDemand
5 hours 59 minutes
James Susag
Nicholas Schneider
Philip Greenberg
Daniel Headrick
With James M. Susag from Larkin Hoffman Daly & Lindgren Ltd. + 3 others
Recorded July 26, 2024
Product ID 98068

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Overview

Get Your Evidence Admitted and in Front of the Judge or Jury

Having a piece of evidence thrown out in court can be incredibly frustrating, not to mention detrimental to your case. Successfully entering evidence requires a strong grasp of the rules and a game plan for admission. Are you prepared? In this program, faculty will show you how to introduce your exhibits at trial and avoid getting tripped up by objections. Learn how to craft effective arguments for admissibility - register today!

  • Refresh your knowledge of the evidentiary rules and the steps for introducing your exhibits.
  • Learn how to lay a foundation for business records and enter them into evidence.
  • Anticipate and overcome admission hurdles for expert testimony.
  • Discover how to get social media posts, texts, emails, and other ESI authenticated and admitted.
  • Use exceptions to get around the rule against hearsay.
  • Craft effective responses and defend against common objections raised by opposing counsel.

Abbreviated Agenda

  1. Rules and Procedures Governing Introduction and Exclusion of Evidence
  2. Preparing and Introducing Social Media Posts, Texts, Emails, and More
  3. Using Demonstrative Evidence to Bolster Your Case
  4. Using Documentary Evidence
  5. Expert Witness Testimony
  6. Objections: Arguing Relevance and Materiality
  7. Using and Overcoming Hearsay Objections and Exceptions
  8. Other Objections: When to Use Them, and How to Respond
  9. Legal Ethics of Evidence

Related Topics

Product ID 98068

Credit Details

Credits Available
Credit Status Total
Alaska 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
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania 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
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Rules and Procedures Governing Introduction and Exclusion of Evidence

    1. Procedures for Introducing Exhibits at Trial
    2. Authenticity, Reliability and Relevance
    3. Foundation Requirements for Real, Illustrative, Demonstrative and Documentary Evidence
    4. Preparing Evidence and Planning for Admissibility Issues Before Trial
    5. Issuing Trial Subpoenas to Witnesses
    6. Objections Allowed and Disallowed in Court vs. at Deposition

  2. Preparing and Introducing Social Media Posts, Texts, Emails, and More

    1. How to Collect to Ensure Admission Later on
    2. Authenticating and Laying Foundation
    3. Introducing Facebook, YouTube Videos, Other Internet Records
    4. Digital Photographs
    5. Texts and Other Smartphone Evidence
    6. Real-World Demonstrations
    7. Rule and Case Law Updates

  3. Using Demonstrative Evidence to Bolster Your Case

    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
    9. Introducing Physical Evidence at Trial

  4. Using Documentary Evidence

    1. Business Records
    2. Letters, Writings and Contracts
    3. Medical Records, X-Rays and Bills
    4. Other Documentary Evidence
    5. Satisfying the Best Evidence Rule
    6. Examination of Altered Documents

  5. Expert Witness Testimony

    1. Establishing Competence to Testify and Qualifications
    2. Verifying an Expert's Methodologies
    3. Motions in Limine:Bringing or Defending Against
    4. In Depositions vs. at the Hearing
    5. Introducing Documentary Evidence During Examination
    6. Case Law Review

  6. Objections: Arguing Relevance and Materiality

  7. Using and Overcoming Hearsay Objections and Exceptions

    1. The Rule Against Hearsay
    2. Hearsay in Depositions vs. at Trial
    3. What Determines Hearsay vs. Non-Hearsay
    4. Blocking Unreliable Hearsay
    5. Effective Use of Exceptions
    6. Refuting Hearsay Objections

  8. Other Objections: When to Use Them, and How to Respond

    1. Not in Evidence, Not in Discovery
    2. Authentication/Chain of Custody
    3. Unduly Prejudicial
    4. Continuing Objection
    5. Habit and Routine
    6. Form of the Question, Compound, Argumentative, Leading
    7. Asked and Answered, Needlessly Cumulative (No New Relevant Evidence)
    8. Privilege, Work-Product
    9. Curative Instructions and Requests/Motions to Strike

  9. Legal Ethics of Evidence

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

Who Should Attend

This program is designed for attorneys.

Speakers

James M Susag
James M.
Susag
Larkin Hoffman Daly & Lindgren Ltd.
Nicholas J Schneider
Nicholas J.
Schneider
Eckert Seamans
Philip A Greenberg
Philip A.
Greenberg
Philip A. Greenberg, P.C.
Daniel Headrick
Daniel
Headrick
Cohan & Levy
Speaker bio
James M Susag

James M. Susag

Larkin Hoffman Daly & Lindgren Ltd.
James Susag

is a seasoned trial attorney with Larkin Hoffman Daly & Lindgren Ltd., with a focus on franchise and dealer disputes, real estate, and complex commercial matters. He has been the lead attorney in over 100 trials and arbitrations in state and federal courts across the country, and in domestic and international arbitration forums. Mr. Susag has the unique perspective of a trial lawyer who has also managed complex litigation and developed strategic legal plans as in-house counsel. Clients appreciate his boardroom-to-courtroom experience in crafting resolutions for their business disputes. Mr. Susag is admitted to practice in state and federal courts in Minnesota, Washington and Wisconsin; as well as the U.S. Court of Appeals for the Seventh, Fourth and Eighth circuits. He earned his B.A. degree, summa cum laude, from the University of St. Thomas; and his J.D. degree, summa cum laude, from William Mitchell College of Law.

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Speaker bio
Nicholas J Schneider

Nicholas J. Schneider

Eckert Seamans
Nicholas Schneider

is a trial attorney and Partner with the national law firm Eckert Seamans. He focuses his practice on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions. Mr. Schneider has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations. In a recent three-week trial in Massachusetts Superior Court, he obtained a million-dollar judgment for his client, including attorney's fees, which was recently upheld on appeal. Mr. Schneider earned his B.A. degree, cum laude, from Northeastern University and his J.D. degree from Georgetown University Law Center.

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Speaker bio
Philip A Greenberg

Philip A. Greenberg

Philip A. Greenberg, P.C.
Philip Greenberg

has provided skilled and highly personalized representation to his clients for more than 45 years. During this time, his firm has helped clients with family law and business matters in a wide range of civil litigation. Mr. Greenberg judges multiple rounds, including the finals of the National Trial Competition in Virginia. He has co-authored a book titled Divorce Insights, which was published and is being sold by Amazon Books. Mr. Greenberg is admitted to practice in New York and New Jersey, both state and federal courts, as well as the Second Circuit Court of Appeals and the U.S. Supreme Court. He earned his J.D. degree from New York University School of Law and his B.A. degree, cum laude, from Brooklyn College of the City University of New York.

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Speaker bio
Daniel Headrick

Daniel Headrick

Cohan & Levy
Daniel Headrick

is an attorney at Cohan & Levy where he has extensive civil litigation experience representing companies and individuals in tort, construction, employment, and business litigation matters. He is currently licensed in Georgia, Tennessee, and Texas, admitted to all federal courts in Tennessee, and the U.S. Court of Appeals for the Sixth Circuit. Mr. Headrick studied philosophy and comparative religion at the University of Tennessee (Knoxville) and taught as an adjunct instructor. He earned his B.A., M.A., and J.D. degrees from U.T. Knoxville, and his M.Div. degree from Baylor University.

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