GA Specific

Litigation & Appeals

Georgia Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Alabama CLE Approved 6 Total
Georgia CLE Approved 6 Total
OnDemand
5 hours 45 minutes
Brendan Krasinski
Ecleynne Mercy
Jena Emory
With Brendan Krasinski from The Champion Firm + 2 others
Recorded November 21, 2024
Product ID 99162

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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

Related Topics

Product ID 99162

Credit Details

Credits Available
Credit Status Total
Alabama CLE Approved 6 Total
Georgia 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

Brendan Krasinski
Brendan
Krasinski
The Champion Firm
Ecleynne Mercy
Ecleynne
Mercy
Mercy Law P.C.
Jena G Emory
Jena G.
Emory
Morris, Manning & Martin, LLP
Speaker bio
Brendan Krasinski

Brendan Krasinski

The Champion Firm
Brendan Krasinski

is an attorney at The Champion Firm. He has more than 15 years of experience representing corporations in complex litigation, from inception through trial throughout the country. Mr. Krasinski specializes in complex litigation involving personal injuries, claims of false advertising, and business disputes. He is frequently called on by clients for his experience in mass torts and class actions, as well as in commercial cases involving a variety of claims, including false advertising, product warranties and related contracts. After receiving his undergraduate degree from the United States Military Academy, Mr. Krasinski went on to serve as an infantry officer in the United States Army. As an officer, he served as a rifle and mortar platoon leader, assistant operations officer, general's aide, and a platoon trainer and instructor at the United States Army's Ranger School. After leaving the Army, he earned his J.D. degree from the University of Georgia, where he was a member of the Moot Court team and the Order of the Coif.

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Speaker bio
Ecleynne Mercy

Ecleynne Mercy

Mercy Law P.C.
Ecleynne Mercy

is a highly accomplished attorney the proud owner and operator of Mercy Law P.C. She has also established Legal Upgrade, a company that offers various services and products related to legal guidance, instruction and wellness-based frameworks. The primary focus of Legal Upgrade is to assist individuals, businesses and communities in integrating wellness-based strategies into their daily legal lives and infrastructure. One of the key services provided by Legal Upgrade is an extensive workshop specifically designed to help students maximize their scores on the essay portion of the Georgia Bar Exam. Ms. Mercy has years of experience in helping repeat bar takers pass the bar, and she utilizes her expertise to provide valuable guidance and instruction to aspiring lawyers. Additionally, she oversees and directs various activities within Legal Upgrade. This includes training and supervising paralegal/support staff, conducting bar compliance reviews, providing case management training, monitoring deadlines, and performing firm audits. Ms. Mercy offers staff training programs in areas such as PI case management, family law case management, criminal defense case management, bar compliance, and system assessments. Furthermore, she conducts attorney trainings on a range of legal topics, including bar compliance, family law, criminal defense, general civil litigation, automobile and motorcycle accidents, slip and falls, dog bites, pedestrian impact cases, premises liability cases, and negligent security cases. Ms. Mercy's expertise in these areas allows her to provide comprehensive and specialized training to attorneys and law students. She is also actively involved in promoting legal awareness and civil rights. Ms. Mercy trains attorneys and law students to become legal observers, enabling them to monitor legal proceedings and ensure fairness. She conducts "Know Your Rights" seminars across the country, educating citizens about their constitutional rights when dealing with law enforcement. Additionally, Ms. Mercy serves as a legal commentator for Court TV, where she shares her insights and expertise on various legal matters. Her educational background includes a B.A. degree from Howard University and a J.D. degree from Western Michigan University Cooley Law School. Ms. Mercy holds memberships in several professional organizations, including the DeKalb Bar Association, State Bar of Georgia, Georgia Association of Black Women Attorneys, Haitian American Lawyers Association of Georgia, and Sister Care Alliance. These affiliations demonstrate her commitment to professional development, networking, and community engagement within the legal field.

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Speaker bio
Jena G Emory

Jena G. Emory

Morris, Manning & Martin, LLP
Jena Emory

is an attorney Morris, Manning, & Martin, LLP. Her practice primarily focuses on insurance coverage defense. Prior to joining Copeland Stair Valz & Lovell, LLP, Ms. Emory practiced at an Atlanta area civil litigation firm. While there, she defended clients in insurance coverage and general liability cases. Ms. Emory has tried cases solo in Superior Court and Magistrate Court. She is an active member of the Young Lawyers Division of the State Bar of Georgia. Ms. Emory is currently an officer as co-editor of The YLD Review. She is a graduate of the 2020 YLD Leadership Academy and has written numerous articles for The YLD Review. Ms. Emory received the 2021-2022 YLD Achievement Award for Service to the Public, 2020-2021 YLD Achievement Award for Service to the Public, and the 2019-2020 YLD Achievement Award for Service to the Profession. She is also on the Editorial Board for the Georgia Bar Journal. In addition, Ms. Emory is on the Selection Committee for the Justice Robert Benham Awards for the Chief Justice's Commission on Professionalism. She graduated magna cum laude from the University of South Carolina, with a double major in economics and global supply chain and operations management with a minor in music. Ms. Emory earned her Juris Doctor from the University of Georgia School of Law, where she was the submissions editor of the Georgia Journal of International and Comparative Law, as well as an author of numerous publications. After graduating from law school, she was a fellow for Judge William ("Billy") Ray, II at the Georgia Court of Appeals.

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