AZ Specific

Litigation & Appeals

Arizona Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Arizona CLE Approved 6 Total
OnDemand
5 hours 46 minutes
Kristina Cervone
Scot Claus
James Cool
Laura Sixkiller
With Kristina Cervone from Cervone Law P.C. + 3 others
Recorded December 02, 2024
Product ID 99262

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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 various 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. Presenting to the Judge and Jury
  7. Ethical Considerations

Related Topics

Product ID 99262

Credit Details

Credits Available
Credit Status Total
Arizona 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. 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

  7. 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

Kristina Cervone
Kristina
Cervone
Cervone Law P.C.
Scot L Claus
Scot L.
Claus
Dickinson Wright PLLC
James M Cool
James M.
Cool
Frazer Ryan Goldberg & Arnold LLP
Laura Sixkiller
Laura
Sixkiller
Greenberg Traurig, LLP
Speaker bio
Kristina Cervone

Kristina Cervone

Cervone Law P.C.
Kristina Cervone

is founding partner at Cervone Law P.C. Her practice focuses on domestic litigation and appellate law. Ms. Cervone earned her B.S. degree from the University of Phoenix and her J.D. degree from Phoenix School of Law. She is a member of the State Bar of Arizona, State Bar of New Mexico and Maricopa County Bar Association. Ms. Cervone is licensed to practice in Arizona and is inactive in New Mexico.

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Speaker bio
Scot L Claus

Scot L. Claus

Dickinson Wright PLLC
Scot Claus

is a member and constitutional law practice group chair at Dickinson Wright LLP. He has a wide range of experience, regularly representing clients in the areas of Constitutional law and defense of governmental entities, complex commercial litigation, class-action litigation, securities fraud litigation, professional liability defense, real property litigation (including commercial leasing disputes, easement and boundary disputes, and condemnation matters), product liability, and intellectual property litigation and prosecution. Mr. Claus practices in both federal and state courts and regularly argues cases before the federal and state courts of appeal. He has been recognized for a number of awards including Best Lawyers in America® and Southwest Super Lawyers®. Mr. Claus earned his J.D. degree at Arizona State University School of Law and is admitted to practice in Arizona.

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Speaker bio
James M Cool

James M. Cool

Frazer Ryan Goldberg & Arnold LLP
James Cool

is a partner with Frazer Ryan Goldberg & Arnold LLP, whose practice emphasizes civil and commercial litigation. He has experience in a broad range of civil litigation encompassing tax controversy and appeals, catastrophic personal injury, real estate litigation, public records lawsuits, bet-the-company commercial litigation, and high-profile litigation in the public interest. Mr. Cool has been recognized for multiple awards including The Best Lawyers in America® and Super Lawyers. He earned his J.D. degree from Sandra Day O'Connor College of Law at Arizona State University.

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Speaker bio
Laura Sixkiller

Laura Sixkiller

Greenberg Traurig, LLP
Laura Sixkiller

is a shareholder at Greenberg Traurig, LLP. Her areas of concentration include mergers and acquisition disputes, franchise and licensing litigation, securities litigation and investigations, and consumer regulatory litigation and investigations. She is an experienced litigator and trial attorney representing clients in high-stakes litigation and investigations across the United States. Ms. Sixkiller's broad clientele encompasses public companies, financial institutions, insurers, franchisors, funds, and fund advisors and their portfolio companies, as well as corporate executives and other professionals. With a deep understanding of complex issues involving contracts, securities, mergers and acquisitions, corporate governance, financial services, insurance, ESG, and capital markets, she provides strategic counsel on high-profile lawsuits and government inquiries. Ms. Sixkiller has been listed for inclusion in The Best Lawyers in America for commercial litigation.

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