CO Specific

Litigation & Appeals

Colorado Rules of Evidence: A Practical Toolkit

Credits Available
Credit Status Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
OnDemand
5 hours 57 minutes
Andrea Surratt
Perry Glantz
Jennifer LaRue
Corinne Jozwick
Alyssa Hill
With Andrea Surratt from Crowell & Moring LLP + 4 others
Recorded December 16, 2024
Product ID 99590

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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. Witness Testimony and Reports
  4. Keeping Evidence Out (Pre and Post Trial)
  5. Admission/Exclusion of Unique Evidence
  6. Presenting to the Judge and Jury
  7. Handling Email, Social Media and Other ESI
  8. Ethical Considerations

Related Topics

Product ID 99590

Credit Details

Credits Available
Credit Status Total
California CLE Approved 6 Total
Colorado CLE Approved 7 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. 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. People v. Shreck
      7. Expert Reports
      8. Other Expert Considerations

  4. 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

  5. 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

  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. 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

  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

Andrea Surratt
Andrea
Surratt
Crowell & Moring LLP
Perry L Glantz
Perry L.
Glantz
Stinson LLP
Jennifer LaRue
Jennifer
LaRue
Trial Dynamics
Corinne Jozwick
Corinne
Jozwick
Childs McCune Attorneys
Alyssa Hill
Alyssa
Hill
Ogborn Mihm LLP
Speaker bio
Andrea Surratt

Andrea Surratt

Crowell & Moring LLP
Andrea Surratt

is a partner at Crowell & Moring LLP. She has extensive trial experience includes trying numerous cases to verdict, successfully arguing before appellate courts, and coordinating with various law enforcement agencies on investigations. She has also conducted countless evidentiary hearings, oral arguments, and briefings before federal judges, enabling her to develop a deep fluency with every aspect of courtroom procedure and litigation. She was a first-chair trial and appellate lawyer, she served more than a decade as federal prosecutor, holding leadership roles in both the Southern District of New York and the District of Colorado United States Attorney's Offices. As a federal prosecutor, she was lead counsel on investigations and prosecutions related to sanctions and export controls, money laundering and BSA, public corruption and bribery, cybersecurity, digital assets, and national security issues. She also conducted numerous grand jury investigations and prosecuted complex federal crimes in a range of areas, including narcotics trafficking, cybercrime, money laundering, and more. She earned her B.B.A degree from University of Texas at Austin and her J.D degree from University of Virginia School of Law.

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Speaker bio
Perry L Glantz

Perry L. Glantz

Stinson LLP
Perry Glantz

is a partner at Stinson LLP. As a first-chair trial lawyer, he represents clients in all aspects of energy, banking, real estate, and general commercial litigation matters. Mr. Glantz has represented clients in the energy sector on a wide range of issues. He has litigated matters involving the design, construction and operation of power plants in multiple states. In addition, Mr. Glantz has been involved in matters involving the rights and responsibilities under various power purchase agreements. He also handles a variety of issues including real estate disputes involving title, land use, inverse condemnation, restrictive covenant and premises liability actions. Mr. Glantz's general litigation focus encompasses disputes involving shareholders and members of business entities of all sizes, employment law, trade secret litigation and other matters. He earned his B.A. degree, cum laude, from University of Denver and his J.D. degree, summa cum laude, from Pepperdine University, School of Law.

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Speaker bio
Jennifer LaRue

Jennifer LaRue

Trial Dynamics
Jennifer LaRue

, M.B.A., is a trial consultant at Trial Dynamics. She began her career as a trial consultant working as a project manager for Litigation Insights (initially known as Rowland, Jasa and Dahl, then the Center for Trial Insights) when she was in college. Following graduation from the University of Kansas with a degree in communications, she returned to Litigation Insights as a consultant. Ms. LaRue went on to get an MBA degree, with a focus in communications and marketing from the Block School at the University of Missouri. She joined the team at Pennebaker in Houston to do both communications and litigation consulting work. Ms. LaRue was pleased to have the opportunity to collaborate with Karen Kash Redden at WitnessWork, as a senior consultant, and eventually a partner. She began working with Ms. Jessica Brylo at Trial Dynamics in 2022. Ms. LaRue has extensive experience in research, including focus group research, community attitude surveys and post-trial interviews. She also excels at anything involving communication, including witness prep, case themes and voir dire. Ms. LaRue has worked extensively on medical malpractice cases, including years of extensive breast implant work, infant deaths, and others cases related to a variety malpractice issues. She has worked on auto litigation, as well as other personal injury cases. Ms. LaRue's strength is in making complicated business issues accessible to jurors. She has done so throughout her career, including class action suits, embezzlement, contract disputes and patent law. Ms. LaRue has also handled cases in which the defendants pled the Fifth.

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Speaker bio
Corinne Jozwick

Corinne Jozwick

Childs McCune Attorneys
Corinne Jozwick

is an attorney at Childs McCune Attorneys. She is an experienced trial attorney and litigator. Ms. Miller concentrates her practice in professional liability defense, including medical and dental malpractice, and commercial civil litigation. She also advocates for professionals in resolving various insurance claims and complaints filed with hospitals, medical boards, and the Department of Regulatory Agencies. Ms. Miller has achieved results for her clients in numerous areas of civil litigation in the federal, state, and appellate courts. Prior to joining Childs McCune, she gained litigation and trial experience in many arenas, including business and commercial litigation, real property, real estate, mortgage lending/servicing, and contracts disputes. Ms. Miller enjoys all aspects of litigation and has worked with a diverse array of clients in this and previous roles. She earned her B.A. degree from  University of Portland and her J.D. degree, cum laude, from Michigan State University College of Law.

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Speaker bio
Alyssa Hill

Alyssa Hill

Ogborn Mihm LLP
Alyssa Hill

is an attorney at Ogborn Mihm LLP. She is in the firm's business litigation and legal malpractice practice groups. Ms. Hill has a proven determination in advocating for her clients and ensures that her clients feel understood and supported every step of the way. She earned her B.A. degree from University of Maryland and her J.D. degree from Temple University Beasley School of Law.

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