ID Specific

Litigation & Appeals

4.3

Idaho Evidence Essentials: Practical Skills and Powerful Techniques

Credits Available
Credit Status Total
California CLE Approved 6 Total
Idaho CLE Approved 6 Total
Oregon CLE Approved 6 Total
Washington CLE Approved 6 Total
OnDemand
5 hours 53 minutes
Kelly Rooksby
Richard Blok
Tab Wood
Erin Tognetti
Ryan Janis
John Rumel
Jason Henderson
With Kelly D. Rooksby from Gordon Rees Scully Mansukhani LLP + 6 others
Recorded December 05, 2024.
Product ID 99579

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Overview

Social Media, Texts, Business Records, Expert Witness Testimony, and More

You can't get your evidence admitted without establishing the proper evidentiary foundations. In this practical online seminar, faculty will teach you how to lay a foundation for different types of evidence and avoid being tripped up by objections opposing counsel will throw your way. Navigate the rules of evidence with confidence - register today!

  • Pick up preparation pointers that will help you avoid troubles at trial.
  • Learn how to authenticate social media posts, texts, emails, and other electronic evidence.
  • Find out how to establish a proper foundation for medical records, business records, and more.
  • See how to get your expert's testimony in - and keep theirs out.
  • Hear how to best introduce physical evidence at trial.
  • Convince the court that you've satisfied the fairness requirement for demonstrative evidence.

Abbreviated Agenda

  1. Essentials of Laying a Foundation
  2. How to Authenticate Social Media Posts, Texts, Emails, and More
  3. Establishing Foundations for Business Records and Other Documentary Evidence
  4. Laying a Foundation for Expert Witness Testimony
  5. Introducing Physical Evidence at Trial
  6. Demonstrative and Illustrative Evidence: Satisfying the Foundation Requirements
  7. Applying Ethics Rules to Evidence
Product ID 99579

Credit Details

Credits Available
Credit Status Total
California CLE Approved 6 Total
Idaho CLE Approved 6 Total
Oregon CLE Approved 6 Total
Washington CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Essentials of Laying a Foundation

    1. Applying Idaho Rules of Evidence
    2. Authenticity, Reliability, and Relevance
    3. Foundation Requirements for Real, Illustrative, Demonstrative, and Documentary Evidence
    4. How to Handle Evidentiary Objections
    5. Preparing Evidence and Planning for Admissibility Issues Before Trial
    6. Procedures for Introducing Exhibits at Trial
    7. Issuing Trial Subpoenas to Witnesses
  2. How to Authenticate Social Media Posts, Texts, Emails, and More

    1. How to Collect to Ensure Admission Later On
    2. Authenticating Emails
    3. How to Lay a Foundation for Facebook, YouTube Videos, Other Internet Records
    4. Digital Photographs and Video Recordings
    5. Authenticating Texts and Other Smartphone Evidence
    6. Real-World Demonstrations
    7. How to Overcome Hearsay Objections
    8. Rule and Case Law Updates
  3. Establishing Foundations for Business Records and Other Documentary Evidence

    1. Business Records
    2. Models, Maps, Diagrams
    3. Letters, Writings, and Contracts
    4. Medical Records, X-Rays, and Bills
    5. Establishing Foundations for Other Documentary Evidence
    6. Satisfying the Best Evidence Rule
  4. Laying a Foundation for Expert Witness Testimony

    1. Establishing Competency and Qualifications
    2. Verifying an Expert's Methodologies
    3. Motions in Limine: Bringing or Defending Against
    4. At the Hearing
    5. Case Law Review
  5. Introducing Physical Evidence at Trial

  6. Demonstrative and Illustrative Evidence: Satisfying the Foundation Requirements

    1. Establishing Relevancy
    2. Satisfying the Fairness Requirement
    3. PowerPoints
    4. Computer Simulations and Recreations
    5. Handling Numerical Data, Charts, and Graphs
    6. Models, Maps, Diagrams
    7. Photographs and Videos
    8. Case Law Review
  7. Applying Ethics Rules to Evidence

    1. Ethics of ESI
    2. Handling Prejudicial Evidence
    3. Candor With the Court
    4. "Coaching" Witnesses

Who Should Attend

This basic level seminar is designed for new attorneys in Idaho. Paralegals may also benefit.

Speakers

Kelly D Rooksby
Kelly D.
Rooksby
Gordon Rees Scully Mansukhani LLP
Richard Blok
Richard
Blok
Racine Olson
Tab Wood
Tab
Wood
Schwabe, Williamson & Wyatt, P.C.
Erin Tognetti
Erin
Tognetti
Hawley Troxell
Ryan C Janis
Ryan C.
Janis
Brassey Crawford, PLLC
John E Rumel
John E.
Rumel
University of Idaho College of Law
Jason Henderson
Jason
Henderson
Taylor Law Offices, PLLC
Speaker bio
Kelly D Rooksby

Kelly D. Rooksby

Gordon Rees Scully Mansukhani LLP
Kelly Rooksby

is the co-managing partner of the firm's Spokane/Coeur d'Alene and Boise offices. She is licensed in Washington, Idaho and California. Ms. Rooksby is an experienced and tenacious litigator who practices in the areas of complex commercial litigation, employment law, education law, and other related litigation matters. She defends against class actions, single-plaintiff lawsuits and administrative charges. She has extensive experience litigating complex business disputes across a variety of industries, including financial services, real estate, hospitality, healthcare, and technology. Ms. Rooksby has represented clients in complex state and federal matters involving claims for breach of contract, torts, fraud, false advertising, alter ego, breach of fiduciary duty, defamation, misappropriation, and equitable claims, among others. In her employment practice, she defends employers in lawsuits involving a variety of legal claims, including wrongful termination, harassment, discrimination, retaliation, wage and hour violations, breach of contract, unfair competition, and other workplace misconduct. Ms. Rooksby also dedicates her practice to consulting with clients to help them avoid litigation. She advises and offers trainings to public and privately held companies of all sizes, non-profit organizations, and educational institutions with respect to best practices and legal compliance. Ms. Rooksby also routinely prepares handbooks and other policies for employers and educational institutions. She is also an ATIXA-certified Hearing Officer for Title IX matters. Ms. Rooksby also has a robust neutral investigation practice, where she conducts objective, independent investigations at workplaces and educational institutions. Ms. Rooksby earned her B.A., magna cum laude, from Gonzaga University and her J.D. degree, cum laude, from Gonzaga University School of Law.

Speaker bio
Richard Blok

Richard Blok

Racine Olson
Richard Blok

is a partner with Racine Olson in Pocatello, Idaho. He began practicing law in Philadelphia, Pennsylvania before moving to eastern Idaho. Mr. Blok specializes in criminal defense law and family law, but has represented clients in a wide range of civil and criminal cases. He has successfully handled hundreds of criminal law cases, dozens of family law matters, as well as numerous other matters in areas ranging from property taxes to trademark disputes. Mr. Blok's work in Philadelphia was concentrated around criminal work at the misdemeanor, felony, and appellate level. He has argued in front of the Superior Court of Pennsylvania, Commonwealth v. Coraza, 1063 EDA 2013, and has written appeals in dozens of cases. As a criminal trial attorney, Mr. Blok has handled hundreds of cases, bringing many to verdict, including nine felony jury trials. He earned his J.D. degree from Rutgers School of Law and his B.M. degree from Berklee College of Music.

Speaker bio
Tab Wood

Tab Wood

Schwabe, Williamson & Wyatt, P.C.
Tab Wood

is a shareholder with Schwabe, Williamson & Wyatt. He is a seasoned trial litigator with over 14 years of experience. He is committed to representing businesses and individuals in employment disputes, business and shareholder disputes, real estate and construction litigation, contract disputes, and other laibility issues. He earned his B.A. degree in English with a minor in Spanish, from Sewanee: The University of the South; and his J.D. degree (associate editor of the Oregon Law Review) from the University of Oregon School of Law. Mr. Wood is admitted to practice in Oregon State Bar, U.S. District Court for the District of Oregon, Washington State Bar, U.S. District Court for the Western District of Washington, Idaho State Bar, U.S. District Court of Idaho, and the Ninth Circuit Court of Appeals.

Speaker bio
Erin Tognetti

Erin Tognetti

Hawley Troxell
Erin Tognetti

is an attorney in Hawley Troxell's Pocatello office and a member of the firm's litigation and employment practice groups. She attended the McGeorge School of Law at the University of the Pacific, where she received her J.D. degree in 2011. During law school, Ms. Tognetti interned with the Sacramento County and Placer County Public Defender's offices, the Placer County District Attorney's Office, and with the California Department of Justice. After being admitted to the California bar in February of 2012, she worked with a civil firm in Auburn, California for six years, practicing many areas of civil law including probate litigation, property law, construction defect, business law, and landlord/tenant law. In November of 2018, Ms. Tognetti accepted a job as a deputy district attorney with El Dorado County, where she began prosecuting mostly felony offenses from the outset, including burglary, assault with a deadly weapon, and welfare fraud cases. Prior to joining Hawley Troxell in 2024, she served for three years as the Bannock County senior prosecuting attorney in Pocatello. During that period, Ms. Tognetti tried 21 cases involving sexual abuse of children, rape, and other violent offenses, refusing to make plea agreements that did not achieve just resolutions and vigorously advocating for substantial prison sentences for child abusers.

Speaker bio
Ryan C Janis

Ryan C. Janis

Brassey Crawford, PLLC
Ryan Janis

is an attorney and partner with the firm Brassey Crawford, PLLC located in Boise, Idaho. Through his practice he represents a wide variety of clients in all manner of cases and disputes. He has argued before the Supreme Court of Idaho on numerous occasions, and recently got the opportunity to (successfully) argue before the Ninth Circuit Court of Appeals in Portland. He has also tried a wide variety of cases all around the state of Idaho and he considers himself, first and foremost, to be a trial lawyer as that is where his passion lies and where he believes the biggest difference can be made through the practice of law.

Speaker bio
John E Rumel

John E. Rumel

University of Idaho College of Law
John Rumel

is a professor of law at University of Idaho College of Law. John is currently serving as a visiting professor at the University of San Fransisco School of Law. He has practiced or taught law in Idaho for over 25 years and is actively admitted to the Idaho State Bar. Mr. Rumel's experience is primarily focused on education law, and employment law although he has previous substantial experience in product liability, commercial and real property litigation, and professional malpractice. He currently teaches evidence, civil procedure, remedies, lawyering process, workplace law, and education law.

Speaker bio
Jason Henderson

Jason Henderson

Taylor Law Offices, PLLC
Jason Henderson

is an attorney with Taylor Law Offices in Boise, Idaho.He has over 20 years of experience as a litigator and business attorney. Jason Mr. Henderson represented clients in a wide range of legal matters, from complex multijurisdictional claims to personal injury cases and everything in between. In addition to working with individuals, he has served as regional and national litigation counsel for several large companies and also has experience as in-house corporate counsel. Originally from Meridian, Idaho, Mr. Henderson earned his undergraduate degree from Boise State University before completing his law degree at the University of Connecticut School of Law.

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