Litigation & Appeals

MO Specific

4.5

Missouri Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
Missouri CLE Approved 6 Total
OnDemand
5 hours 49 minutes
Michael Manners
James Wyrsch
James Hobbs
Patrick Stueve
Deborah Daniels
Stephen Mirakian
With Michael Manners from Langdon & Emison Attorneys At Law + 5 others
Recorded April 25, 2024
Product ID 98140

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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. Handling Email, Social Media and Other ESI
  4. Witness Testimony and Reports
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Admission/Exclusion of Unique Evidence
  7. Presenting to the Judge and Jury
  8. Ethical Considerations
Product ID 98140

Credit Details

Credits Available
Credit Status Total
Illinois CLE Approved 6 Total
Missouri 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. 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
  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. 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
  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

Michael Manners
Michael
Manners
Langdon & Emison Attorneys At Law
James R Wyrsch
James R.
Wyrsch
Wyrsch Hobbs & Mirakian, P.C.
James R Hobbs
James R.
Hobbs
Wyrsch Hobbs Mirakian, P.C.
Patrick J Stueve
Patrick J.
Stueve
Stueve Seigel Hanson LLP
Hon. Deborah Daniels
Hon. Deborah
Daniels
Boone County Circuit Court
Stephen G Mirakian
Stephen G.
Mirakian
Wyrsch Hobbs & Mirakian, P.C.
Speaker bio
Michael Manners

Michael Manners

Langdon & Emison Attorneys At Law
Michael Manners

earned his B.A. degree, summa cum laude, from Central Missouri State University and his J.D. degree from the University of Missouri-Kansas City School of Law. He spent 24 years as a trial attorney with the firm that eventually became Welch, Martin, Albano & Manners. In November 2000 Mr. Manners was appointed by Missouri Governor Roger Wilson to serve as the Judge of Division 2 of the Jackson County Circuit Court in Independence. He retired from the bench in August 2013 and joined the firm of Langdon & Emison as a trial attorney and a partner. He now practices in the firm’s Independence office.

Speaker bio
James R Wyrsch

James R. Wyrsch

Wyrsch Hobbs & Mirakian, P.C.
James Wyrsch

is president and shareholder of Wyrsch Hobbs & Mirakian, P.C. He specializes in white collar crime and complex civil litigation matters. Mr. Wyrsch has litigated cases both at the trial and appellate level throughout the United States. He has been the recipient of numerous honors and awards throughout his extensive career. Mr. Wyrsch is an adjunct professor, teaching a criminal trial techniques course at University of Missouri-Kansas City Law School. He has lectured on various topics (1979-present) including discovery in criminal cases, updates on case law, grand jury representation, Missouri's Wiretap law, and defenses under the New Missouri Criminal Code for the Missouri Association of Criminal Defense Lawyers. Mr. Wyrsch earned his B.A. degree from Notre Dame, his J.D. degree from Georgetown University Law Center and his LL.M. degree in trial practice from the University of Missouri-Kansas City School of Law.

Speaker bio
James R Hobbs

James R. Hobbs

Wyrsch Hobbs Mirakian, P.C.
James Hobbs

is an attorney at Wyrsch Hobbs Mirakian, P.C. He has extensive experience in both civil and criminal cases with particular emphasis in white collar criminal defense work. Mr. Hobbs has tried cases in areas such as criminal enforcement of environmental laws, defense of health care prosecutions, representation of individuals and corporations charged with business crimes, and defense of political corruption prosecutions. He has also represented individuals charged with violent offenses and sexual assault cases. Mr. Hobbs' practice also involves grand jury representation and pretrial representation of individuals and corporations under investigation for criminal conduct. He is the recipient of numerous awards, and he has served on many boards of organizations advocating for criminal defendants. Mr. Hobbs earned his B.A. degree from the University of Kansas and his J.D. degree from University of Missouri, Kansas City School of Law.

Speaker bio
Patrick J Stueve

Patrick J. Stueve

Stueve Seigel Hanson LLP
Patrick Stueve

is a partner with Stueve Seigel Hanson LLP. He has prosecuted claims in federal and state courts nationwide in the areas of antitrust, intellectual property, securities fraud and other commercial torts against some of the largest businesses in the world including Formula 1 Racing, ITW, Citigroup, United Health Care, and AIG. Mr. Stueve has also successfully prosecuted several national and state wide class actions against global giants including Syngenta, Volkswagen, Merck & Co. and Mitsubishi. His national practice includes privately-held companies like Heartland Spine & Specialty Hospital and Associated Wholesale Grocers, as well as publicly traded Fortune 500 companies like Seaboard Corporation and Kawasaki. Mr. Stueve has been recognized by his peers as one of the top commercial trial lawyers in the country for his efforts over the past 30 years. He is a fellow in the American College of Trial Lawyers, as well as the International Academy of Trial Lawyers. He has been named to Best Lawyers®2017 Bet The Company Lawyer of the Year in Kansas City, Best Lawyers®2016 Antitrust Law Lawyer of the Year in Kansas City, repeatedly named The Best Lawyers® in America for Bet The Company, Commercial and Antitrust Litigation, Top 100 Super Lawyers in Kansas and Missouri, Local Litigation Star by Benchmark Plaintiffs, and Best of the Bar by the Kansas City Business Journal. Ingram's magazine included Mr. Stueve in its 2016 list of The Most Powerful Business Leaders in Greater Kansas City. He earned his B.A. degree, with distinction, from Benedictine College and his J.D. degree from the University of Kansas School of Law.

Speaker bio
Hon. Deborah Daniels

Hon. Deborah Daniels

Boone County Circuit Court
Deborah Daniels

, retired Associate Circuit Judge, was on the bench for 12 years. She earned recognition as a judge for creating a video docket system so patients in mental health facilities don't have to be physically transported to the courthouse, and psychiatrists can give expert testimony remotely. Judge Daniels sits on a variety of court committees centered on improving and modernizing the functionality of Missouri's legal system. She received an Advanced Science and Technology Adjudication Resource Award in 2009. Judge Daniels earned her B.A., B.S. and J.D. degrees from the University of Missouri - Columbia.

Speaker bio
Stephen G Mirakian

Stephen G. Mirakian

Wyrsch Hobbs & Mirakian, P.C.
Stephen Mirakian

is vice president in the law firm of Wyrsch Hobbs & Mirakian, P.C. He has been primarily responsible for handling a wide variety of complex personal injury and business related civil cases and white collar criminal cases. Mr. Mirakian has had more than 100 jury trials and actively manages a significant case load of personal injury, employment, civil rights, business disputes, probate, and family law. He also conducts an active mediation practice for civil and family law cases. Mr. Mirakian has lectured at numerous seminars and taught for ten years as an adjunct professor of business law at Johnson County Community College. He earned his B.S. degree from the U.S. Military Academy, West Point, New York; and his J.D. degree, cum laude, from Washburn University School of Law, Topeka, Kansas. Mr. Mirakian is licensed in the states of Kansas and Missouri; and has been admitted to practice and has tried cases in Kansas, Missouri, Texas, and Colorado. He has argued cases in the Kansas and Missouri courts of Appeal, Kansas and Missouri Supreme courts, Eighth and Tenth Circuit courts of Appeal; and the military’s highest court, the Court of Military Appeals.

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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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