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Seminar The Rules of Evidence: A Practical Toolkit Seminar

Presented by NBI, Inc.

NBI Legal Continuing Education Seminars

The Rules of Evidence: A Practical Toolkit

Course Description


The Rules of Evidence Simplified

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? 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 - enroll 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.
  • 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.

Agenda

  1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
    9:00 - 9:30, Written by Frank L. Day
    Presented by Frank L. Day in Memphis and Griffin S. Dunham in Nashville
    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
    9:30 - 10:30, Written by Griffin S. Dunham
    Presented by Frank L. Day in Memphis and Griffin S. Dunham in Nashville
    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
    10:45 - 12:00, Written by Brandon E. Bass
    Presented by Brandon E. Bass in Memphis and Nashville
    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. Frye vs. Daubert Challenges
      7. Expert Reports
      8. Other Expert Considerations
  4. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    1:00 - 1:45, Written by Jeremy A. Oliver
    Presented by Sean Antone Hunt in Memphis and Jeremy A. Oliver in Nashville
    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
    1:45 - 2:30, Written by Melanie M. Stewart
    Presented by Melanie M. Stewart in Memphis and Jeremy A. Oliver in Nashville
    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
    2:45 - 3:30, Written by Sean Antone Hunt
    Presented by Sean Antone Hunt in Memphis and John M. Cannon in Nashville
    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. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Written by John M. Cannon
    Presented by Melanie M. Stewart in Memphis and John M. Cannon in Nashville
    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. Privileges Under Rule 502(d)

 

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NBI, Inc.
NBI Legal Continuing Education Seminars

Summary

The Rules of Evidence: A Practical Toolkit

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Seminar Seminar

Who Should Attend

This basic-to-intermediate level seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.


 
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