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Live Seminar

The Rules of Evidence: A Practical Toolkit

Seminar

Date:

Friday, June 30, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

75633ER

Location:

Holiday Inn St. Louis-Fairview Heights
313 Salem Place
Fairview Heights, IL 62208

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IL CLE - 6.00
  • MO CLE - 7.20

Program 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, email/ESI and the technicalities of hearsay? 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.
  • Find out what red flags to look for when handling email and other ESI.
  • 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.

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.

Course Content

  1. The "Big Six" Admissibility Questions
  2. Understanding Hearsay
  3. Handling Email, Social Media and Other ESI
  4. Witness Testimony and Reports
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Admission/Exclusion of Unique Evidence
  7. Presenting to the Judge and Jury
  8. Ethical Considerations

Continuing Education Credit


Continuing Legal Education

Credit Hrs State
CLE 6.00 -  IL*
CLE 7.20 -  MO*

* denotes specialty credits

Agenda / Content Covered

  1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
    9:00 - 9:30, Dayna L. Johnson
    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 - 10:15, Donald K. Schoemaker
    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. HANDLING EMAIL, SOCIAL MEDIA AND OTHER ESI
    10:30 - 11:15, Donald K. Schoemaker
    1. Collecting ESI
    2. Recent Case Law
    3. Practical Application of the "Big Six" to Real-World Courtroom Events
      1. Email as Evidence
      2. Electronic Medical Records
      3. Social Media
      4. Web Pages
      5. Video
      6. Voicemail
      7. Text Messages
    4. Citing Online Content Properly
    5. Preservation of Metadata
  4. WITNESS TESTIMONY AND REPORTS
    11:15 - 12:00, Andrew C. Corkery
    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
  5. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    1:00 - 1:45, Stephen O. Willoughby
    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
  6. ADMISSION/EXCLUSION OF UNIQUE EVIDENCE
    1:45 - 2:30, Christopher B. Hunter
    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
  7. PRESENTING TO THE JUDGE AND JURY
    2:45 - 3:30, Stephen O. Willoughby
    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
  8. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Charles C. Hughes
    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)

ANDREW C. CORKERY is a partner with Boyle Brasher LLC, where he primarily focuses his practice on transportation law and medical malpractice. He has represented railroads his entire career and has litigated numerous FELA, crossing and trespasser cases. In his medical malpractice work, Mr. Corkery defends hospitals, doctors and other healthcare providers throughout Southern and Central Illinois. He has significant trial experience in Illinois and Missouri state courts, and Illinois federal courts. Mr. Corkery has recently been appointed to the Illinois State Bar Standing Committee on Legal Education, Admission, and Competence and also serves on the Illinois Association of Defense Counsel. He is a member of The Missouri Bar, the Illinois State Bar and the Tennessee Bar Association. Mr. Corkery received his J.D. degree, cum laude, from St. Louis University School of Law and his B.A. degree, summa cum laude, from St. Louis University.

CHARLES C. HUGHES is an attorney with Hughes & Tenney, L.L.C., where he focuses his practice in defense litigation, primarily medical malpractice cases. He has comprehensive litigation experience in trying cases in central and southern Illinois, where he aggressively pursues the defense of physicians and other health care providers in professional liability claims. Mr. Hughes also has extensive experience in product liability, personal injury and commercial litigation. He is a fellow of the American College of Trial Lawyers and Litigation Counsel of America, a member of Illinois Defense Council (I.D.C.) and the International Association of Defense Counsel (I.A.D.C.). Mr. Hughes received his B.B.A. degree from the University of Kentucky and his J.D. degree from Drake University. He is a member of both the Decatur Bar Association and Illinois State Bar Association. Mr. Hughes is licensed in Illinois and to practice before the U.S. District Court of Central and Southern Illinois, as well as the Seventh Circuit Court of Appeals. He has appeared pro hac vice in several jurisdictions.

CHRISTOPHER B. HUNTER is a partner with the law firm of Hunter & Johnson, P.C. He practices in the areas of general civil litigation, including personal injury cases, workers compensation cases, real estate and title insurance cases, agricultural law, municipal and zoning matters, business transactions, business organizations, and contract cases. Mr. Hunter is a trial attorney and mediator of civil and domestic relations disputes and has over 35 years of court experience. He is licensed and actively practices in both Illinois and Missouri. In addition, Mr. Hunter is a certified mediator and actively serves as a mediator in domestic relations cases, real estate disputes and other civil litigation matters. He earned his B.A. degree from MacMurray College and his J.D. degree from St. Louis University.

DAYNA L. JOHNSON is an officer at Greensfelder, Hemker & Gale, P.C., where she practices in the areas of employee benefits, employment and labor law, and litigation. Ms. Johnson has handled numerous insurance coverage matters and has tried cases related to premises liability and construction and handled a large number of toxic tort matters. Ms. Johnson is a member of the American Bar Association, the Illinois State Bar Association, the Illinois Association of Defense Trial Counsel, The Missouri Bar and the Defense Research Institute. She received her J.D. degree, cum laude, from St. Louis University School of Law and her B.A. degree, summa cum laude, from McKendree College.

DONALD K. SCHOEMAKER is an officer in the Belleville office of the law firm of Greensfelder, Hemker & Gale, P.C. He represents clients in a broad range of business and litigation matters, including hospitals, physicians, attorneys and accountants. Mr. Schoemaker concentrates his representation to defendants in employment, product liability, complex litigation and personal injury matters. He also has substantial experience in overseeing and managing mass tort litigation and the use of computer technology in organizing defense material. Mr. Schoemaker is a member of the American, Illinois State and St. Clair County bar associations; The Missouria Bar; well as the Defense Research Institute. He earned his A.B. degree from the University of Illinois and his J.D. degree, cum laude, from Southern Illinois University.

STEPHEN O. WILLOUGHBY is a partner in the Decatur law firm of Willoughby & Zachry, P.C., where he practices in the areas of civil litigation, medical malpractice law and products liability law. Mr. Willoughby served as a special assistant attorney general from 1976-2013. He has been selected by a survey of peers as a Leading Lawyer by Leading Lawyers Network in the areas of practice of insurance/insurance coverage/reinsurance law, personal injury law, general personal injury law and professional malpractice. Mr. Willoughby also has been selected as an advisory board member for Leading Lawyers Network, Chicago Law Bulletin Publishing Company. He received his B.A. degree from Southern Illinois University and his J.D. degree from St. Louis University. Mr. Willoughby is a member of The Leading Lawyers Network and the Decatur Bar Association.

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


Accreditation Details

Continuing Legal Education

IL CLE: 6.00 Including - Ethics: 1.00
This program has been approved by the Illinois MCLE Board for 6.0 hours of CLE credit, which includes approval for 1.0 hour of legal ethics CLE credit by the Illinois Supreme Court Commission on Professionalism.


MO CLE: 7.20 Including - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 7.2 hours of CLE credit, which includes 1.2 hour of ethics, professionalism or malpractice prevention credit.


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