Litigation & Appeals

MN Specific

How to Lay a Foundation to Get Your Evidence Introduced in Minnesota

Credits Available
Credit Status Total
Minnesota CLE Approved 6 Total
OnDemand
6 hours 1 minute
James Andreen
Daniel Shulman
Sean Harrington
James Susag
With James R. Andreen from Erstad & Riemer PA + 3 others
Recorded June 28, 2024
Product ID 98373

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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
Product ID 98373

Credit Details

Credits Available
Credit Status Total
Minnesota CLE Approved 6 Total
Select Jurisdiction
CLE

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

James R Andreen
James R.
Andreen
Erstad & Riemer PA
Daniel R Shulman
Daniel R.
Shulman
Shulman Buske Reams PLLC
Sean Harrington
Sean
Harrington
Attorney Client Privilege, LLC
James M Susag
James M.
Susag
Larkin Hoffman Daly & Lindgren Ltd.
Speaker bio
James R Andreen

James R. Andreen

Erstad & Riemer PA
James Andreen

is a shareholder for the law firm for Erstad & Riemer PA, where he is a trial and appellate lawyer, mainly in the areas of employment and civil rights. He is a member of the Federal, Hennepin County and Minnesota State bar associations, as well as the Minnesota Defense Lawyers Association. Mr. Andreen earned his B.A. degree from the University of Minnesota and his J.D. degree, cum laude, from the Hamline University School of Law.

Speaker bio
Daniel R Shulman

Daniel R. Shulman

Shulman Buske Reams PLLC
Daniel Shulman

is a trial lawyer in Minneapolis, Minnesota, who has been trying cases for the past 50 years. He is a trial attorney with the Minnesota ACLU. Mr. Shulman has been chief counsel in antitrust and other complex commercial litigation involving major industries in a variety of cases ranging from data storage, media, food, oil and gasoline, airlines, consumer electronics, medical electronics, health care, thoroughbred horses, and many other areas. He has also been counsel in trademark and patent infringement actions, and has an active pro bono civil rights practice. Mr. Shulman is a fellow of the American College of Trial Lawyers; International Academy of Trial Lawyers; Litigation Counsel of America, Trial Lawyer Honorary Society; and the Nation's Top One Percent, National Association of Distinguished Counsel. He is a member of the American Bar Association, Minnesota State Bar Association and Hennepin County Bar Association. Mr. Shulman earned his undergraduate degree, with honors, from Harvard University, his Master's degree from Yale University and his J.D. degree, cum laude, from Harvard Law School. He has twice been named a Minnesota Attorney of the Year.

Speaker bio
Sean Harrington

Sean Harrington

Attorney Client Privilege, LLC
Sean Harrington

is the founder and managing principal of Attorney Client Privilege, LLC. He is a nationally-recognized cybersecurity practitioner, digital forensics examiner, and law professor, providing and overseeing risk assessments and vulnerability assessments (including penetration testing), consulting about information security and privacy policies, and implementing projects or programs to facilitate compliance with those policies and applicable regulations. As a forensic investigator, Mr. Harrington conducts examinations of and provides expert testimony regarding computer and server hard drives, mobile devices (phones and tablets), cell data localization records, and Internet evidence (e.g., Facebook, Web postings, etc.). His expertise includes corporate fraud, labor disputes, domestic relations, child pornography investigations, Adam Walsh Act, Electronic Communications Privacy Act, Computer Fraud and Abuse Act, electronic discovery, work product doctrine, and attorney client privilege. Mr. Harrington's experience is derived from legal, information technology, software engineering, regulatory compliance, risk management, and information security backgrounds. He is qualified to serve as a digital forensics examiner, expert witness, and court-appointed third-party neutral, and has extensive experience in litigation support, including electronic discovery, the Rules of Evidence, the Rules of Civil Procedure, motions practice, pre-trial practice, and appellate practice. Although admitted to the state bars of California and Wisconsin, Mr. Harrington cannot serve in the role of counsel or provide legal advice while serving as an expert (and cannot serve as legal counsel in any state other than California or Wisconsin). He maintains professional credentials and certifications in the areas of digital forensics (CHFI No. ECC930566, CCFP No. 335034), information security (CISSP No. 335034), regulatory compliance (CSOXP No. 00185), network engineering MCSE, MCP+i, No. 977426), and data privacy (CIPP/US). Mr. Harrington is licensed to practice digital forensics by the Texas Private Security Bureau (Dep't Public Safety Reg. No. 00001547). He attended Bethel University, received a certificate in computer forensics from Century College and earned his J.D. degree, with honors, from Taft Law School.

Speaker bio
James M Susag

James M. Susag

Larkin Hoffman Daly & Lindgren Ltd.
James Susag

is a seasoned trial attorney 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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