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Overcome Key Obstacles to Getting Your Evidence Admitted

Complex rules of evidence and admissibility hurdles can make getting your evidence admitted a challenge. In this program, seasoned faculty will teach you how to apply the rules with confidence and get sticky types of evidence admitted. From hearsay problems to social media post authentication to experts and more, gain the skills you need to apply the rules with finesse and deliver case-supporting evidence to the decision makers. Register today!

  • Anticipate the rules and types of evidence that often cause trouble at trial.
  • Learn how to effectively apply hearsay and other complicated rules of evidence.
  • Overcome authentication challenges with social media posts and other electronic evidence.
  • Discover how to troubleshoot various witness problems.
  • Hear how to get past expert and scientific evidence admission hurdles.
  • Delve into an array of evidence predicaments, from spoliation to presentation issues.

All times are shown in Eastern

  1. Determining Admissibility: Problematic Evidence and Rules
    11:00 - 11:30, Michael S. Rowley
  2. Hearsay Rules and Exceptions: Key Complications
    11:30 - 12:30, Michael S. Rowley
    1. What is Hearsay? Common Misconceptions
    2. Hearsay within Hearsay
    3. Applying Exceptions to Hearsay
    4. Anticipating and Minimizing Hearsay Objections
    5. Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
    6. Hearsay Problems When Your Client, or Opposing Party, is Deceased
    7. Recent Case Law
  3. Social Media and Email Evidence: Authentication Hurdles
    12:45 - 1:30, Michael S. Rowley
  4. Thorny Witness Issues
    1:30 - 2:30, Timothy S. Poeschl
    1. Qualification Problems
    2. Complications Classifying the Testimony
    3. Deposition/Examination Difficulties
    4. Impeachment: Challenging Witness Credibility
      1. Prior Inconsistent Statements/Contradiction
      2. Bias
      3. Character-Related
      4. Other
    5. Dealing with Missing Witnesses, Evidence and Documents
    6. Disclosures to Opposing Counsel: Key Sticking Points
  5. Expert Reports and Scientific Evidence Difficulties
    3:00 - 3:45, Michael C. Flom
    1. Scientific Evidence Quandaries
    2. Hurdles in Qualifying Experts and Verifying Methodologies/Theories
    3. Admissibility Concerns with What You Give Your Expert
    4. Expert Report Problems
    5. Looking out for Red Flags and Errors
  6. Legal Ethics Tangles
    3:45 - 4:45, Michael C. Flom
    1. Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
    2. Challenges in Complying with Time Constraints
    3. Asserting and Challenging Privileges Under Rule 502(d)
    4. Abusive Litigation Practices and Their Remedies
    5. Keeping the Client Informed
    6. What to do When Your Client is Dishonest
  7. Authentication, Exhibits and Courtroom Presentation Problems
    5:00 - 6:00, Timothy S. Poeschl
    1. Chain of Custody/Care and Spoliation Predicaments
    2. Problems in Preparing and Defending Motions in Limine
    3. Demonstrative Exhibit Difficulties
    4. Common Mistakes in Introducing Evidence and Testimony at Trial
    5. Presenting Deposition Records Without Boring Decision Makers to Tears
    6. Contemporaneous Objection Rule
    7. Curtailing Speaking Objections
    8. Bench (Sidebar) Conferences
    9. Limiting Instruction
    10. Practical Case Studies: Best Ways of Getting Difficult Evidence Excluded and Admitted

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