Litigation & Appeals

VA Specific

4.21

Virginia Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Virginia CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Lisa Campo
Thomas Mugavero
With Lisa M. Campo from Hale Ball Murphy, PLC + 1 other
Recorded October 23, 2024
Product ID 99095

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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. Ethical Considerations
  6. Keeping Evidence Out (Pre and Post Trial)
  7. Presenting to the Judge and Jury

Related Topics

Product ID 99095

Credit Details

Credits Available
Credit Status Total
Virginia 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. 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. 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

  6. 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

  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

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

Lisa M Campo
Lisa M.
Campo
Hale Ball Murphy, PLC
Thomas Mugavero
Thomas
Mugavero
Whiteford, Taylor & Preston, LLP
Speaker bio
Lisa M Campo

Lisa M. Campo

Hale Ball Murphy, PLC
Lisa Campo

is a senior associate attorney at Hale Ball Murphy PLC. She has been with the firm since 2007 as a legal assistant before attending law school and as a law clerk during law school. After passing the Virginia bar, Ms. Campo continued with the firm as an associate attorney. She graduated from University of Baltimore School of Law in Baltimore, Maryland. Ms. Campo concentrates her practice in the areas of trust and estate litigation, fiduciary litigation, contested guardianships and conservatorships, business litigation, civil litigation and probate. She has appeared numerous times before many circuit courts throughout Virginia and has participated in appeals before the Court of Appeals of Virginia and the Supreme Court of Virginia. Ms. Campo is a member of the Virginia Bar Association and the Fairfax Bar Association.

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Speaker bio
Thomas Mugavero

Thomas Mugavero

Whiteford, Taylor & Preston, LLP
Thomas Mugavero

is of counsel with Whiteford, Taylor & Preston, LLP, practicing in the areas of business litigation, appellate law, community associations, insurance coverage and defense litigation and labor and employment litigation. He is listed in Washington, D.C. Super Lawyers, 2013 - 2016. Mr. Mugavero is admitted to practice in Virginia, District of Columbia, Maryland, U.S. District Court Eastern District of Virginia, U.S. Court of Appeals Fourth Circuit, U.S. District Court District of Columbia, U.S. Court of Appeals District of Columbia, U.S. District Court Western District of Virginia and U.S. District Court District of Maryland. He earned his B.A. degree, with honors, from Yale University, and his M.S.F.S., cum laude, and J.D. degrees from Georgetown University Law Center. Mr. Mugavero is a member of the District of Columbia Bar Association, Maryland State Bar Association, Virginia State Bar, Federal, Fairfax (chair of the Pro Bono Committee) and American bar associations.

 

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