No case can be won on sheer brilliance alone. Evidence is the backbone on which effective advocacy is born. 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. Ethics
6. Authentication, Exhibits and Courtroom Presentation

1. DETERMINING ADMISSIBILITY
   9:00 - 10:00, Catherine M. Brown
   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
   10:15 - 11:15, Arthur L. Raynes
   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
   11:15 - 12:15, Arthur L. Raynes
   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 - 2:15, Cynthia A. Matheke
   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. ETHICS
   2:30 - 3:30, Cynthia A. Matheke
   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
6. AUTHENTICATION, EXHIBITS AND COURTROOM PRESENTATION
   3:30 - 4:30, Catherine M. Brown
   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

CATHERINE M. BROWN is a certified civil and criminal trial attorney who has practiced at every level of the state and federal courts. She served as a deputy attorney general in the Division of Law, where she handled complex litigation for the New Jersey Department of Corrections, the New Jersey Attorney General and the New Jersey State Police, among other agencies. Ms. Brown was thereafter of counsel at the law firm of McElroy, Deutsch & Mulvaney. She was appointed by the New Jersey Supreme Court as a member of the District X Ethics Committee, which she chaired in 2007-2008. Ms. Brown maintains a solo practice in Morristown, New Jersey, where she concentrates on civil and criminal litigation, and attorney disciplinary matters. She earned her B.A. degree, with highest honors, from Rutgers University and her J.D. degree from Rutgers School of Law - Camden.

CYNTHIA A. MATHEKE is an attorney with the West Orange law firm of Lum, Drasco & Positan, LLC, where she practices in the areas of personal injury, medical malpractice and medical product cases. She has been recognized for her personal achievements by Notable Women Lawyers in New Jersey 2008; Best Lawyers in America 2010; Best Lawyers in New York Region 2010; and Essex County Bar Association Civil Trial Attorney Award 2001. Ms. Matheke is an adjunct professor at Rutgers University School of Law where she teaches trial presentation. She is a member of the American Board of Trial Advocates, the American Bar Association (Section on Litigation), the New Jersey Bar Association, the New Jersey Association for Justice and the Essex County Bar Association. Ms. Matheke earned her B.A. degree from Sarah Lawrence College and her J.D. degree from Rutgers University School of Law.

ARTHUR L. RAYNES is a partner with Wiley Malehorn Sirota & Raynes where he has been practicing since 1982, first as an associate and then as a partner. Mr. Raynes heads the firm's litigation practice and has tried cases in state and federal courts throughout New Jersey and in other states as well. For the last several years, Mr. Raynes has been named a "Super Lawyer" by Super Lawyers magazine. For the past two years, he has been selected one of "New Jersey's Top 100 Lawyers." Super Lawyers magazine is a business publication that conducts an annual survey of the state's experienced attorneys. He represents employees and employers in all kinds of employment disputes. His successful defense of First Morris Bank against employment discrimination charges was covered in it's entirety on Court TV . He serves on the Civil Practice Committee of the Morris County Bar Association (chair, Employment Law Committee). Mr. Raynes has lectured on employment law, commercial law and trial practice. Mr. Raynes graduated from Rutgers College, with honors, and he earned his law degree, with honors, from Georgetown University Law Center in Washington, D.C. He is a member of the New Jersey State Bar Association.

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