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? In this comprehensive legal guide, experienced attorney faculty share their tips 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. Witnesses
4. Expert Reports and Scientific Evidence
5. Electronic Discovery Update
6. Ethics
7. Authentication, Exhibits and Courtroom Presentation

1. DETERMINING ADMISSIBILITY
   9:00 - 10:30, Somers S. Price Jr.
   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
   10:45 - 11:30, John S. Grady
   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. WITNESSES
   11:30 - 12:15, John S. Grady
   1. Qualification
   2. Opinions and Firsthand Knowledge
   3. Deposition/Examination Procedure
   4. Impeachment
      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
   7. Complying With the Scheduling Order
4. EXPERT REPORTS AND SCIENTIFIC EVIDENCE
   1:15 - 1:45, David L. Baumberger
   1. Assessing the Potential Weight of Scientific Evidence
   2. Qualifying Experts and Verifying Methodologies/Theories
   3. Admissibility of What You Give Your Expert
   4. The Logistics of Obtaining, Analyzing and Admitting Expert Opinion Reports
   5. Looking out for Red Flags and Errors
5. ELECTRONIC DISCOVERY UPDATE
   1:45 - 2:15, David L. Baumberger
   1. Sedona Principles
   2. Litigation Holds Case Law Update - Helping Business Clients be Prepared
   3. Identifying and Communicating With Data Custodians
   4. E-Discovery Technology Tools and Vendors - A Necessary Evil?
   5. Top 10 Mistakes That can Jeopardize Admissibility of Electronically Stored Evidence
6. ETHICS
   2:30 - 3:30, Somers S. Price Jr.
   1. Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
   2. 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
   3:30 - 4:30, Elwood T. Eveland
   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

DAVID L. BAUMBERGER is a partner is Wilmington office of Chrissinger & Baumberger, where he specializes in complex commercial and insurance litigation, bad faith, product liability, construction claims and personal injury defense. He has lectured frequently on litigation topics and bad faith litigation, and has written on bad faith litigation in Delaware. Mr. Baumberger is a member of the Delaware State Bar Association, the Defense Counsel of Delaware, serves on the faculty for NITA based attorney training programs for Liberty Mutual Insurance Company, and is a past member of the Inns of Court and the District of Delaware Blue Ribbon Panel for Indigent Defendants. He earned his B.A. degree from Shippensburg University, and his J.D. degree from Widener University, where he was a member of the law review, moot court honor society and appellate competition team.

ELWOOD T. EVELAND is a sole practitioner in Wilmington, where he practices primarily in the areas of personal injury, workers' compensation, contract law and construction litigation. He is a frequent speaker on workers' compensation and litigation topics. Mr. Eveland is a member of the Delaware State Bar Association, the Delaware Trial Lawyers Association and the American Association for Justice. He earned his B.A. degree from Rutgers University and his J.D. degree from Delaware Law School of Widener University.

JOHN S. GRADY is a member of Grady & Hampton LLC, where he concentrates his practice on personal injury and disability, malpractice, real estate and general litigation. He has spoken at a Social Security continuing legal education seminar and was an adjunct professor at the Delaware Law School for a trial advocacy class. Mr. Grady earned his B.A. degree from St. Joseph's University in Philadelphia and his J.D. degree from Georgetown University. He is a member of the American Association for Justice and the Delaware Trial Lawyers Association (past member of the governing board and former vice president).

SOMERS S. PRICE JR. is a partner in the Wilmington law firm of Potter Anderson & Corroon LLP, where he practices regularly in several areas including utility and railroad representation, products liability defense, commercial litigation, environmental and toxic tort defense and computer law. He has tried numerous jury and non-jury cases in the federal and state courts in Delaware and Pennsylvania and also has arbitrated and mediated numerous cases. Mr. Price regularly serves as an arbitrator and a mediator for the courts and also is referred mediations by trial judges from the federal and state courts. He co-wrote Recent Changes in the Admissibility of Biomechanical Expert Testimony in Delaware. Mr. Price prepared the Delaware section of a publication by the Defense Research Institute titled Product Liability Defenses in 1992, 2004 and in 2009 and prepared the product liability instructions for the Delaware Superior Court Jury Instruction Project in 1997. He has given numerous seminars in several areas including bad faith insurance litigation, premises liability, expert witnesses, Daubert and Kumho Tire issues and trial practice and procedure. Mr. Price earned his A.B. degree, with honors and cum laude, from Davidson College and J.D. degree from Cornell University Law School. He is a member of the Delaware State Bar Association, the 3rd Circuit Advisory Committee and the Local Rules Advisory Committee District of Delaware. Mr. Price is a member and chairman of the Delaware Supreme Court Rules Committee; member, founding board member and past president of the Defense Counsel of Delaware; and bencher, Inns of Court, Rodney Inn.

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