DE Specific

Litigation & Appeals

Delaware Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
Delaware CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 56 minutes
Cheron Wardlaw
Catherine Di Lorenzo
Michael DeSantis
With Cheron Wardlaw from Grant & Eisenhofer + 2 others
Recorded December 20, 2024
Product ID 99263

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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 99263

Credit Details

Credits Available
Credit Status Total
Delaware CLE Approved 6 Total
Pennsylvania 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

Cheron Wardlaw
Cheron
Wardlaw
Grant & Eisenhofer
Catherine Di Lorenzo
Catherine
Di Lorenzo
Stern & Eisenberg, PC
Michael DeSantis
Michael
DeSantis
Offit Kurman, Attorneys At Law
Speaker bio
Cheron Wardlaw

Cheron Wardlaw

Grant & Eisenhofer
Cheron Wardlaw

is an attorney at Grant & Eisenhofer where she focuses on securities, antitrust, and complex pharmaceutical and medical device litigation as an associate. She was a recipient of the Chadwick Memorial Scholarship and a Fred G. Dibona Moot Court participant. Prior to joining Grant & Eisenhofer, Ms. Wardlaw's focus was on pharmaceutical and securities litigation, as well as workmen's compensation. She earned her B.A. degree, magna cum laude, from Temple University with a degree in journalism and public relations; and her J.D. degree from Widener University School of Law.

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Speaker bio
Catherine Di Lorenzo

Catherine Di Lorenzo

Stern & Eisenberg, PC
Catherine Di Lorenzo

is the managing attorney for Stern & Eisenberg, PC's Delaware operations. She has an extensive legal background with over 20 years of wide-ranging experience in criminal law, litigation, and all aspects of default servicing, litigation, family law, estate planning, general civil litigation, and guardianships. Ms. Di Lorenzo earned her B.S. degree from Syracuse University and her J.D. degree from Widener University.

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Speaker bio
Michael DeSantis

Michael DeSantis

Offit Kurman, Attorneys At Law
Michael DeSantis

is counsel at Offit Kurman, Attorneys At Law. He serves as counsel in the firm's labor and employment practice group. Mr. DeSantis focuses his practice on advising on all aspects of the employee-employer relationship for both individuals and companies. He advises on a wide range of employment matters, including contract negotiation, HR policies, employee handbooks, trainings, and compliance issues. With a background in both litigation and negotiation, Mr. DeSantis is dedicated to finding innovative solutions to complex employment issues. He represents a diverse range of clients, including government agencies, small businesses, and individuals involved in labor and employment disputes at all levels. With over a decade of experience as a seasoned litigator and trial attorney, Mr. DeSantis previously served as litigation counsel for a large insurance corporation in Delaware. His extensive background includes handling jury and bench trials, as well as alternative dispute resolution. Renowned for his meticulous approach, Mr. DeSantis is also a skilled legal researcher and writer, notably in the Delaware Court of Chancery. He is dedicated to helping employers navigate the complexities of labor and employment law. Mr. DeSantis earned his B.A. degree from The Johns Hopkins University and his J.D. degree from Villanova University School of Law.

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