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Can You Cleverly Respond to Objections and Utilize Exceptions?

Hearsay is without question one of the most misunderstood types of evidence that trial attorneys routinely encounter. Understanding the rules is something that most trial attorneys have a firm grasp of, but knowing how to apply them in the heat of battle is a different story. This practical guide is designed specifically for attorneys that are looking to fine-tune their evidentiary skills, learn clever ways to navigate the rules, confidently rephrase after objections, successfully employ exceptions and skillfully keep opposing evidence out. Full of real-world scenarios and examples, this unique course will not only provide you with the advanced trial skills you need - but will show you how to successfully employ them during the heat of battle. Register today!

  • Learn how to answer and rephrase after hearsay objections with confidence so you're not subject to another objection.
  • Discover how to use judicial notice under Evidence Rule 201 as a clever way to get around the hearsay rule.
  • Get insight from a local trial court judge on what the bench wants to see from attorneys by way of objections.
  • Identify the top hearsay pitfalls made by trial attorneys (and how to avoid them).
  • Learn how to skillfully utilize excited, contemporaneous and spontaneous utterance exceptions.
  • Discover how to creatively apply the business records exception for web-based evidence, market reports and financial quotations.
  • Identify the top mistakes that can jeopardize admissibility of email and social media evidence.
  1. Insight From a Trial Court Judge
  2. Top Hearsay Pitfalls Made by Trial Attorneys (and How to Avoid Them)
  3. Demonstrating How Evidence Falls Under Hearsay Exceptions
  4. Skillfully Utilizing the Business Records Exception
  5. How to Get Email, Social Media and Other ESI in - and Keep Theirs Out
  6. Ethical Considerations



  1. Insight From a Trial Court Judge
    9:00 - 10:00, Hon. R. Bruce Cozzens Jr.
    1. Tips on Determining Admissibility
    2. What Does Hearsay REALLY Mean?
    3. The Hearsay Rule
    4. What Judges Want to See From Attorneys by Way of Objections
    5. Top Mistakes Attorneys Make
    6. Using Judicial Notice under Rule 201
    7. Responding to Hearsay in Motions and Pleadings
    8. Responding to Hearsay in Hearings
  2. Top Hearsay Pitfalls Made by Trial Attorneys (and How to Avoid Them)
    10:00 - 10:45, Sean P. Dwyer
    1. Using Hearsay for a Non-Hearsay Purpose
    2. Hearsay Within Hearsay
    3. The Residual Exception
    4. Impeaching a Hearsay Declarant
    5. Hearsay in Medical Records
    6. Hearsay and the Confrontation Clause in Criminal Matters
  3. Demonstrating How Evidence Falls Under Hearsay Exceptions
    11:00 - 12:00, John J. Komar
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial
    1. Defining Unavailability of a Witness
    2. Excited, Contemporaneous or Spontaneous Utterances
    3. Present Sense Impressions
    4. Declarations of Present State of Mind
    5. Past Recollection Recorded
    6. Learned Writings and Commercial Publications
    7. Judgment and Reputation
    8. Child Statements, Police Reports, Public Records and Reports
    9. Former Testimony and Dying Declaration
    10. Statements of Personal or Family History
    11. Declarations Against Interest
    12. Forfeiture by Wrongdoing
    13. Admissions Exceptions
  4. Skillfully Utilizing the Business Records Exception
    1:00 - 2:15, Victoria M. Brown
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial
    1. Business Records
    2. Web-Based Business Evidence
    3. Market Reports and Financial Quotations
    4. Directories and Meeting Minutes
    5. Accident Reports
    6. Published Compilations
    7. Writings and Records of Acts
    8. Employment Contracts/Agreements
    9. Accounting Records and Memoranda
  5. How to Get Email, Social Media and Other ESI in - and Keep Theirs Out
    2:30 - 3:30, Steven R. Dyki
    With Real-Life Scenarios and Examples of How to Practically Apply the Rules During Trial
    1. Top Mistakes That can Jeopardize Admissibility of ESI
    2. Overcoming Authentication Hurdles
    3. The Hearsay Rule Applied to (ESI)
    4. Email Messages, Chains and Attachments
    5. Social Media, Instant Messages and Blogs
    6. Voicemail, Video and Audio Recordings
  6. Ethical Considerations
    3:30 - 4:30, Gail L. Ritzert
    1. Chain of Custody Considerations
    2. Spoliation, Preservation and Missing Evidence
    3. Handling Highly Prejudicial Evidence
    4. Communicating with Data Custodians
    5. Challenging Privileges Under Rule 502(d)




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