No case can be won on sheer brilliance alone. Evidence is the backbone on which effective advocacy is borne. Are you making the best use of all types of evidence in each case? This intense study offers guidance on how to recognize key evidence and then traverse the obstacle course of qualifying rules and opposing counsel's attempts to strike it, to deliver it to the decision maker unscathed and introduce it for maximum impact. Learn to use the rules of evidence with surgical precision – order today!

1. Determining Admissibility
2. Hearsay Objections and Exceptions
3. Deposition Ethics
4. Electronic Discovery Update
5. Authentication, Exhibits and Courtroom Presentation

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

All times shown in Eastern Time

1. DETERMINING ADMISSIBILITY
   11:00 - 12:00, Theodore Dorenkamp III
1. Determine Applicability of Rules: State and Federal
2. Is it Hearsay?
3. Is it Relevant?
4. Reasons to Exclude
1. Exclusion on Grounds of Prejudice, Confusion, or Waste of Time
2. Other Reasons Based on the Types of Evidence
1. Character Evidence or Evidence of Habit
2. On Subsequent Remedial Measures
3. Of Witness Credibility
5. Is the Evidence Authentic?
6. Is There a Proper Foundation?
7. If Evidence is a Writing, a Recording or a Photograph, is the Best Evidence Rule Satisfied?
8. Admissibility of Evidence of Subsequent Remedial Measures
9. Stipulations
10. Proper Way to Introduce Items Into Evidence
2. HEARSAY OBJECTIONS AND EXCEPTIONS
   12:00 - 12:30, Theodore Dorenkamp III
1. Formal Exceptions to Hearsay
2. FRE 801(d) Exceptions
3. Anticipating and Minimizing Hearsay Objections
4. Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
5. Hearsay Problems When Your Client, or Opposing Party, is Deceased
6. Hearsay in Medical Records: When it Comes in, When it Doesn't
7. Recent Case Law
3. DEPOSITION ETHICS
   12:45 - 2:00, Michael C. Flom
4. ELECTRONIC DISCOVERY UPDATE
   2:30 - 3:50, Mary T. Novacheck
1. Sedona Principles
2. Litigation Holds - Helping Business Clients Comply
3. Identifying and Communicating With Data Custodians
4. E-Discovery Technology Tools and Vendors - A Necessary Evil?
5. Mistakes That can Jeopardize Admissibility of Electronically Stored Evidence
5. AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
   4:05 - 6:00, Timothy S. Poeschl
1. Chain of Custody/Care and Handling/Spoliation
2. Technical Methods of Preparing and Defending Motions in Limine
3. Rules Regarding the Use of Demonstrative Exhibits
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. Instructing the Jury to Disregard Information When Objection is Sustained
10. Practical Case Studies: Best Ways of Getting Evidence Excluded and Admitted

THEODORE DORENKAMP III is a senior counsel with Bowman and Brooke LLP. Mr. Dorenkamp is a litigator who concentrates his practice on defending manufacturers and businesses in the areas of complex products liability, commercial litigation and intellectual property law. He represents some of the world's largest automobile manufacturers, having successfully defended them in cases that have been tried to jury verdict, including Robeck v. Ford Motor Co. (2007) (MN), Moncrieff v. Toyota Motor Corporation (2008) (FL), and Gessling v. Ford Motor Co. (2009) (MO). Mr. Dorenkamp is a cum laude graduate from the University of Minnesota Law School and a winner of the Jenkins & Gilchrist Writing Competition. He also was a member of the Minnesota Intellectual Property Law Review and has been recognized by Minnesota Law & Politics Magazine as a Rising Star in 2004, 2008 and 2009. Mr. Dorenkamp earned his undergraduate degree from the University of Minnesota. He is a member of the Minnesota State Bar Association, State Bar of Wisconsin, Defense Research Institute and Aerospace Law Committee (vice chair). Mr. Dorenkamp is admitted to practice before the U.S. District Court, Western District of Wisconsin and U.S. District Court, District of Minnesota.

MICHAEL C. FLOM is a principal with the Minneapolis law firm of Gray, Plant, Mooty, Mooty & Bennett, P.A., where he practices in the areas of business, real estate, commercial litigation, appellate practice, legal ethics and professional responsibility. He is extensively involved in legal ethics and lawyers' professional responsibility and is a frequent lecturer on these topics. In addition to representing clients in these areas, Mr. Flom serves as Gray, Plant, Mooty, Mooty & Bennett, P.A.'s internal compliance officer and counsel. He is a past panel member of the Arbitrators of the American Arbitration Association and the Hennepin County District Court Arbitration program. Mr. Flom also is an associated member of the Society of Professionals in Dispute Resolution and a member of the Hennepin County, Minnesota State and American bar associations. He earned his B.A. degree, magna cum laude, from the University of Minnesota and his J.D. degree, cum laude, from the University of Michigan.

MARLENE S. GARVIS is a partner with the law firm of Jardine, Logan & O'Brien, P.L.L.P. Ms. Garvis focuses her legal practice on representing clients on professional liability, employment, product liability, healthcare consulting, ERISA, and professional licensing and disciplinary matters. She is a member of the adjunct faculty of the University of Minnesota School of Nursing and Hamline University School of Law. A frequent presenter to nursing audiences, Ms. Garvis has authored numerous articles on malpractice and legal issues in medical, nursing and legal publications, as well as clinical articles in nursing journals. In addition, she consults with clients on issues related to health care practices, patient care, human resources, and related matters of concern. Ms. Garvis is on the Minnesota Supreme Court Neutral Roster for Arbitration and Mediation. She is member of the Iowa State Bar Association, Minnesota State Bar Association, State Bar of Wisconsin, American Bar Association (Health Law Section), Federal Bar Association, Hennepin County Bar Association, Hennepin County Bar Foundation and Ramsey County Bar Association. Ms. Garvis is admitted to practice before the 8th Circuit Court of Appeals; 7th Circuit Court of Appeals; U.S. District Court, District of Minnesota; U.S. District Court, Eastern District of Wisconsin; U.S. District Court, Western District of Wisconsin and U.S. District Court, Northern District of Iowa. She has previously written and presented topics in her main areas of practice. Ms. Garvis earned her B.A degree from the University of Minnesota, her B.S. degree, from College of St. Catherine, her M.S. degree from Boston University and her J.D. degree from Hamline University School of Law.

MARY T. NOVACHECK is a partner with Bowman and Brooke LLP. Her practice focuses on the defense of clients on ESI issues in products liability, medical device and pharmaceutical litigation. Ms. Novacheck has worked extensively defending corporate clients in discovery and has served as national discovery coordinator for numerous clients involved in multi-plaintiff litigations. She utilizes the principles of the Sedona Conference and ascribes to the principles set forth in the Sedona Conference Cooperation Proclamation. Ms. Novacheck has first-chaired more than 50 Lemon Law and property damage cases, and second-chaired numerous cases involving catastrophic personal injuries for medical device, pharmaceutical, automotive, ATV and construction equipment manufacturers. She has worked extensively with FDA experts defending medical device clients and has represented clients in both state and federal appellate courts. Ms. Novacheck is a member of the Minnesota State Bar Association, State Bar of Wisconsin, Defense Research Institute, Women in EDiscovery, Minnesota Women's Lawyers and Hennepin County Bar Association. She is admitted to practice before the U.S. District Court District of Minnesota; U.S. District Court, Northern District of Florida; U.S. District Court, Eastern District of Wisconsin and U.S. District Court, Western District of Wisconsin. Ms. Novacheck earned her B.A. degree, magna cum laude, from Ripon College and her J.D. degree from the University of Wisconsin Law School.

TIMOTHY S. POESCHL joined Hanson Lulic & Krall, LLC as an associate in July of 2002 and became a partner on January 1, 2010. His primary focus areas are property and casualty insurance defense, no-fault defense, fraud and subrogation. Mr. Poeschl is admitted to practice before the U.S. District Court for the District Court of Minnesota. He is a member of the Minnesota State Bar Association, the Wisconsin State Bar Association, the Hennepin County Bar Association, the American Bar Association and the Minnesota Defense Lawyers Association. Mr. Poeschl earned his B.A. degree from the University of Minnesota, Duluth and his J.D. degree from William Mitchell College of Law. After graduation, he practiced law at a personal injury law firm, focusing on no-fault arbitrations and personal injury litigation. Mr. Poeschl has written articles for various legal publications and has taught various CLE courses. In addition, he has presented at the Wisconsin IAAI Conference.

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