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| From Event: Applying the Rules of Evidence: What Every Attorney Needs to Know, held December 2011.
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Program Description
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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!
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Course Content
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- Determining Admissibility
- Hearsay Objections and Exceptions
- Witnesses
- Ethics
- Expert Reports and Scientific Evidence
- Authentication, Exhibits and Courtroom Presentation
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Continuing Education Credits:
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Continuing Legal Education - CLE: 6.00 ID - Credit Approval Expiration 12/16/2013
* denotes specialty credits
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Agenda / Content Covered:
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- DETERMINING ADMISSIBILITY
9:00 - 10:00, Gabriel M. Haws - Determine Applicability of Rules: State and Federal
- Is it Hearsay?
- Is it Relevant?
- Reasons to Exclude
- Exclusion on Grounds of Prejudice, Confusion, or Waste of Time
- Other Reasons Based on the Types of Evidence
- Character Evidence or Evidence of Habit
- On Subsequent Remedial Measures
- Of Witness Credibility
- Is the Evidence Authentic?
- Is There a Proper Foundation?
- If Evidence is a Writing, a Recording or a Photograph, is the Best Evidence Rule Satisfied?
- Admissibility of Evidence of Subsequent Remedial Measures
- Stipulations
- Proper Way to Introduce Items Into Evidence
- HEARSAY OBJECTIONS AND EXCEPTIONS
10:15 - 11:15, Gabriel M. Haws - Formal Exceptions to Hearsay
- FRE 801(d) Exceptions
- Anticipating and Minimizing Hearsay Objections
- Hearsay in the Direct Examination of Your Client: How to Elicit What You Need Without Inviting Hearsay
- Hearsay Problems When Your Client, or Opposing Party, is Deceased
- Hearsay in Medical Records: When it Comes in, When it Doesn't
- Recent Case Law
- WITNESSES
11:15 - 12:15, Wyatt B. Johnson - Qualification
- Opinions and Firsthand Knowledge
- Deposition/Examination Procedure
- Impeachment
- Prior Inconsistent Statements/Contradiction
- Bias
- Character-Related
- Other
- Dealing With Missing Witnesses, Evidence and Documents
- Disclosures to Opposing Counsel
- Complying With the Scheduling Order
- ETHICS
1:15 - 2:15, Matthew T. Christensen - Facilitating Efficiency, Reliability and Overall Fairness of the Adversary Process
- Privileges Under Rule 502(d)
- Abusive Litigation Practices and Their Remedies
- Keeping the Client Informed
- What to do When Your Client is Dishonest
- EXPERT REPORTS AND SCIENTIFIC EVIDENCE
2:15 - 3:15, Kent D. Jensen - Assessing the Potential Weight of Scientific Evidence
- Qualifying Experts and Verifying Methodologies/Theories
- Admissibility of What You Give Your Expert
- The Logistics of Obtaining, Analyzing and Admitting Expert Opinion Reports
- Looking out for Red Flags and Errors
- AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
3:30 - 4:30, Kent D. Jensen - Chain of Custody/Care and Handling/Spoliation
- Technical Methods of Preparing and Defending Motions in Limine
- Rules Regarding the Use of Demonstrative Exhibits
- Common Mistakes in Introducing Evidence and Testimony at Trial
- Presenting Deposition Records Without Boring Decision Makers to Tears
- Contemporaneous Objection Rule
- Curtailing Speaking Objections
- Bench (Sidebar) Conferences
- Instructing the Jury to Disregard Information When Objection is Sustained
- Practical Case Studies: Best Ways of Getting Evidence Excluded and Admitted
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MATTHEW T. CHRISTENSEN is an attorney in the law firm of Angstman Johnson, where he represents clients in all aspects of business law, real estate and bankruptcy, including all aspects of litigation and transactional work. He also is an adjunct professor at Boise State University and the University of Idaho College of Law. Mr. Christensen teaches American government and international law courses at BSU, and international trade/business and real estate courses at the College of Law. He is an active member of the Idaho State Bar, currently serving as a member of the Business and Corporate Law Section Governing Council. Mr. Christensen also is a member of the Real Property and Commercial Law & Bankruptcy sections of the Idaho State Bar, and is involved with the American Bankruptcy Institute. He earned his B.A. degree from Brigham Young University, and his J.D. and LL.M. degrees from Duke University School of Law. GABRIEL M. HAWS is an attorney in the law firm Belnap Stewart Taylor & Morris, PLLC. Mr. Haws represents clients involved in many different types of litigation, including: complex civil cases, tort, criminal, personal injury, construction and family law. He earned his B.A. degree from Albertson College of Idaho, and his J.D. degree from University of Idaho. Mr. Haws started working for the Ada County Prosecuting Attorney's Office after completing law school. Over a six year period with Ada County he tried more than 30 jury trials and numerous court trials. Most of the cases Mr. Haws tried involved violent crime, domestic violence and narcotics. He established the Gang Unit and served as a trial team leader during his service with Ada County. Mr. Haws is a member of the American Inns of Court.KENT D. JENSEN is a sole practitioner in Burley where he practices in the areas of criminal law, civil litigation, personal injury, immigration law, litigation and bankruptcy. He earned his B.A. degree, cum laude, from Utah State University and his J.D. degree from Brigham Young University. Mr. Jensen is a member of the Idaho State Bar, the Utah State Bar and the American Immigration Lawyers Association. WYATT B. JOHNSON is a member of the law firm of Angstman Johnson, where his practice focuses on civil litigation involving real property, land development, construction, contract and commercial law matters. Additionally, Mr. Johnson has a transactional practice involving real estate and related business ventures, and regularly practices before city and county planning and zoning authorities, as well as various state administrative agencies.
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Please refer to Continuing Education Credit FAQ for general information about seeking
credit for your participation in one of our continuing education programs.
Additionally, our team of credit specialists are here to answer your specific credit-related
questions weekdays 7am - 5pm Central:
Phone: 866-240-1890
Email: credit@nbi-sems.com
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ACCREDITATION DETAILS:
Continuing Legal Education
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ID
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CLE:
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6.00
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Credit Approval Exp 12/16/2013
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This program may qualify for up to 6.0 hours of self-study continuing legal education credit in the state of Idaho, which may include 1.0 ethics credit. Application for self-study approval must be submitted to the Idaho State Bar.
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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