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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
- The "Big Six" Admissibility Questions
- Understanding Hearsay
- Handling Email, Social Media and Other ESI
- Witness Testimony and Reports
- Keeping Evidence Out (Pre and Post Trial)
- Admission/Exclusion of Unique Evidence
- Presenting to the Judge and Jury
- Ethical Considerations
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Indiana CLE |
|
6 Total | 12-18-2025 |
| Missouri CLE |
|
7.2 Total | 12-18-2026 |
| Oklahoma CLE |
|
7 Total | 12-18-2026 |
Select Jurisdiction
CLE
Agenda
-
The "Big Six" Admissibility Questions
- QUESTION #1: Is it Authentic? (If Not, How do I Authenticate/Identify the Evidence?)
- QUESTION #2: Is it Hearsay?
- QUESTION #3: Is There a Proper Foundation?
- QUESTION #4: Is it Relevant?
- QUESTION #5: Should the Evidence be Excluded?
- QUESTION #6: What is the Proper Way to Introduce the Item into Evidence?
-
Understanding Hearsay
- Overview of Critical Rules You Need to Know Regarding Hearsay
- Recent Case Law
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Exceptions
- Hearsay Problems, Such as When Your Client or Opposing Party is Deceased
- Hearsay Within Hearsay
- Attacking/Supporting Declarant's Credibility
-
Handling Email, Social Media and Other ESI
- Collecting ESI
- Recent Case Law
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Email as Evidence
- Electronic Medical Records
- Social Media
- Web Pages
- Video
- Voicemail
- Text Messages
- Citing Online Content Properly
- Preservation of Metadata
-
Witness Testimony and Reports
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Character and Competency
- Opinion Testimony (Lay and Expert Witnesses)
- Admissibility of What You Give Your Expert
- Court-Appointed Expert Witnesses
- Impeachment
- Frye vs. Daubert Challenges
- Expert Reports
- Other Expert Considerations
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Keeping Evidence Out (Pre and Post Trial)
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Hearsay Objections
- Motion in Limine, Motion to Exclude, and Motion to Strike
- Motions for Sanctions
- Curtailing Speaking Objection
- Use of the Sidebar Conference
- Jury Instructions After the Objection
- Preserving Evidentiary Issues for Appeal
- Timing and Frequency of Objections
- Specificity of Objections
- Motions in Limine
- Offers of Proof
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Admission/Exclusion of Unique Evidence
- Practical Application of the "Big Six" to Real-World Courtroom Events
- Collecting Evidence Through Discovery: Evidence Considerations
- Character Evidence
- Evidence of a Person's Habit
- Evidence of Subsequent Remedial Measures
- Sexual-Assault, Child Molestation, and Sex-Offense Cases
- Writings, Recordings, and Photographs
- Medical Records, Charts, and X-Rays
- Other Records (Business, Public)
- Other Unique Evidence
- Practical Application of the "Big Six" to Real-World Courtroom Events
-
Presenting to the Judge and Jury
- Authenticating Exhibits
- Stipulations
- Self-Authenticating
- Authenticating - Laying the Foundation for Admissibility
- Presenting Deposition Records
- Introducing Juries to Evidence
- Providing Jury Notebooks
- Presenting Your ESI: Common Mistakes Made in the Courtroom
- Computer-Aided Displays, Video, and Graphics
- Authenticating Exhibits
-
Ethical Considerations
- Spoliation, Preservation, and Missing Evidence
- Legal Malpractice
- Lawyers as Witnesses
- Handling Highly Prejudicial Evidence
- Talking to Witnesses Before They Testify
- Facilitating Efficiency, Reliability, and Overall Fairness of the Adversary Process
- 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
Speaker bio
Trevor W. Wells
is an attorney at Reminger Co., LPA where he maintains a diverse civil trial court and appellate litigation practice, focused on tort liability and complex commercial disputes. He has also handled legal matters spanning from transactional real estate to appeals; and has represented clients in civil, criminal, bankruptcy, and domestic relations litigation. In previous positions, including five years as a state supreme court law clerk and twelve years in private practice in a firm that she co-founded, Ms. Wells gained extensive litigation experience in both trial and appellate courts while sitting first chair in more than 50 jury trials, and briefing and orally arguing dozens of appeals in state and federal courts. He has served as an adjunct law school professor of legal research and writing, and is a frequent continuing legal education presenter on professional ethics and legal technology. Mr. Wells earned his B.A. degree from the University of Kentucky and his J.D. degree from University of Kentucky College of Law.
Speaker bio
Rafael P. McLaughlin
is the partner-in-charge of Reminger Co., LPA's Fort Wayne, Indiana office. He is a trial attorney who has defended jury trials involving allegations of medical malpractice, long term care liability, wrongful death, catastrophic personal injury, and professional liability. Mr. McLaughlin enjoys a highly varied practice that reflects the versatility he has developed during his more than 20 years as a litigator. He has served as lead counsel in litigation disputes in the state and federal courts of Massachusetts, Rhode Island, Ohio and Indiana. Mr. McLaughlin also represents companies and individuals in actions brought by professional licensing and oversight boards, departments of insurance, as well as clients facing employment and discrimination-related claims before the U.S. Department of Justice, U.S. Department of Housing and Urban Development, the EEOC, and state civil rights commissions. He also experienced in resolving claims through ADR, including arbitration and mediation. Mr. McLaughlin earned his B.A. degree from Denison University and his J.D. degree, cum laude, from New England Law/Boston.
Speaker bio
Gurleen Kahlon
is an attorney Barrett McNagny LLP. She concentrates her practice in the areas of commercial litigation and general liability defense. Specifically, Ms. Kahlon provides litigation services related to disputes concerning contracts, real estate, insurance defense matters, and premises liability. Prior to joining the firm, she practiced in Washington, D.C. at a litigation firm where she focused her practice primarily in the areas of insurance coverage and bankruptcy disputes involving commercial liability, products liability, and complex torts. Ms. Kahlon assisted in representing major insurance companies in complex litigation in federal and state courts across the country. She earned her B.S. degree Indiana University and her J.D. degree from Indiana University Maurer School of Law.
Speaker bio
Ryan A. McDonald
is an attorney at Hall, Render, Killian, Heath & Lyman, P.C. He is a career litigator with experience in several state and federal courts. Mr. McDonald litigates criminal cases, civil rights violations, medical malpractice cases and complex business lawsuits from inception through trial, finding success in motion practice and in court. He brought his aggressive approach with him from criminal defense, which serves his civil clients well. Mr. McDonald earned his B.A. degree from Washington University and his J.D. degree from Washington University in St. Louis School of Law.
Speaker bio
Angela M. Rinehart
is an attorney at Ice Miller LLP. She is a dedicated litigator, having represented clients in cases alleging medical malpractice, wrongful death, breach of contract as well as in cases alleging civil rights violations in both state and federal courts. Ms. Rinehart has experience managing discovery, trial preparation, discovery motions, and drafting essential documents, including merits briefs at all stages of litigation. She focuses her practice on general litigation matters, as well as health care litigation and regulatory matters, primarily in the long-term care space, and other healthcare-related matters. Ms. Rinehart earned her B.A. degree from Butler University and her J.D. degree from Indiana University Robert H. McKinney School of Law.
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