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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 |
|---|---|---|---|
| California CLE |
|
6 Total | 01-30-2027 |
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
Betsy C. Manifold
is the managing partner at Wolf Haldenstein Adler Freeman & Herz LLP. She practices in complex class actions representing clients including institutional investors such as public and labor pension funds, labor health and welfare benefit funds, and private institutional investors who suffered losses due to corporate fraud. Ms. Manifold has extensive experience in antitrust law and has been at the forefront of several notable federal class action antitrust actions on behalf of consumers. In 2020, she spoke at the Berkeley Journal of Employment and Labor Law Symposium on the impact of antitrust law on the fair treatment of student athletes under state and federal employment law. Ms. Manifold also has over twenty years experience in wage and hour law and has favorably litigated noteworthy class actions on behalf of workers. She is a member of the firm's litigation team that recovered over $7 billion for investors and over one hundred million for workers. Ms. Manifold is a member of the Investor Protection, Consumer Protection and Labor and Business Practice litigation groups with an emphasis on unfair and deceptive practices law, wage and hour law, securities law, derivative law, brokerage disputes law, and arbitration representing broker dealers. She has participated on panels involving diverse legal issues including a 2019 ABA Litigation Section panel at the ABA National Conference on women and the law. Ms. Manifold earned her B.A. degree, cum laude, from Middlebury College and her J.D. degree from Marquette University.
Speaker bio
Traci Owens
is senior counsel at Tyson & Mendes LLP. Her practice focuses on wrongful death defense, catastrophic personal injury defense, traumatic brain injury defense, defense against claims of mental anguish/distress, and defense against sexual assault/abuse allegations. Ms. Owens brings a wealth of trial experience, including more than twenty years of criminal defense and jury trial practice. Her experience includes homicide trials, the defense of sexual assault cases, and a strong background in the areas of forensic psychology and forensic pathology. Ms. Owens has presented scores of MCLE trainings covering all areas of trial practice, including presentations of the presentation and cross examination of experts. She has been a repeat lecturer for the International Academy of Law and Mental Health, and she is a regular presenter and moderator for Magnus Group Conferences. Ms. Owens previously served as an adjunct professor for the Trial Techniques program at Santa Clara University School of Law. She is currently faculty at Stanford University School of Law. Ms. Owens is a lecturer in law in the Trial Advocacy Workshop (fall semester). She earned her B.A. degree at Georgetown University in Washington, D.C. and her J.D. degree from Emory University School of Law in Atlanta.
Speaker bio
Christopher Onstott
is an attorney with the law firm of Kronick Moskovitz Tiedemann & Girard, where he practices labor and employment law. He defends employers against race, sex and disability discrimination and harassment claims, as well as wage claims in both federal and state courts. Mr. Onstott earned his B.A. degree, magna cum laude, from Brigham Young University and his J.D. degree, with high honors, from the University of Texas School of Law.
Speaker bio
Edward O. Lear
is a partner with Century Law Group, LLP. He provides lawyers with legal ethics and risk management compliance advice; and defends attorneys against professional malpractice and related claims, state bar disciplinary proceedings, and legal fee disputes. Mr. Lear consults with law firms regarding attorney advertising, conflicts of interest waivers and consents, motions to disqualify, fee divisions, class action ethics, law firm structuring, partnership disputes, and the acquisition and departure of attorneys. He also represents selected clients in commercial litigation. Mr. Lear is a recognized speaker at legal seminars on professional responsibility and conduct, has published numerous articles, and has been qualified as an expert witness in state and federal courts. He serves on the faculty of ABOTA's Jack Daniels Trial School (2015- present). Mr. Lear provides expert witness testimony in the field of attorney conduct to both plaintiffs and defendants in civil litigation matters. He earned his A.B. degree from Dartmouth College and his J.D. degree from U.C.L.A. School of Law. Mr. Lear is a member of the State Bar of California, American Board of Trial Advocates (ABOTA), Los Angeles County Bar Association, and a founding member and former president of the Association of Discipline Defense Counsel (ADDC).
Speaker bio
Alex J. Tramontano
is an attorney at Wolf Haldenstein Adler Freeman & Herz LLP. Mr. Tramontano spent over a decade representing large corporations and well known insurers in defense of complex claims, catastrophic injuries, and insurance litigation matters. During his career as a defense attorney, Mr. Tramontano represented clients subject to claims with potential exposure estimates exceeding $100m. Mr. Tramontano has represented corporate clients in many types of disputes, defended potential class actions, represented major defendants in complex litigation matters, and represented parties involved in contract disputes and general liability defendants. Mr. Tramontano began his path toward law at the University of Massachusetts Amherst Police Department during his undergraduate education. He went on to earn his law degree at California Western School of Law in San Diego. While studying for his law degree, Mr. Tramontano worked for the San Diego County District Attorney as a Certified Legal Intern in the Superior Court and Insurance Fraud divisions. While at the District Attorney's office, Mr. Tramontano assisted in charging, prosecuting, and sentencing of felony level criminal charges.
Speaker bio
Michael G. Watters
is the managing partner and founding partner with O'Brien Watters & Davis, LLP, where he is a trial attorney with extensive trial, as well as significant appellate experience. He specializes in all aspects of trial work, with emphases on complex civil litigation, business litigation, employment litigation, family law and insurance. Mr. Watters defends professional licensees and has handled many appeals. He earned his B.S. degree in business administration from the University of California at Berkeley. Mr. Watters then attended its Graduate School of Business Administration (now the Haas School) and earned an M.B.A. degree. He earned his J.D. degree from the University of California, Hastings College of the Law. Mr. Watters is a member of the State Bar of California, and Sonoma County, Marin County and American bar associations. He is a member of the bar of various United States District Courts, United States Court of Appeals for the Ninth Circuit, and the United States Court of Appeals for the Armed Forces, formerly known as Court of Military Appeals (COMA). Mr. Watters has been active in Alternative Dispute Resolution (ADR). Since 1979, he has been an arbitrator for the Sonoma, Marin and Napa County Superior courts.
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