Agenda / Content Covered

1. Rules of Evidence and Case Law Refresher
   9:00 - 9:45, Rodney M. Gaston
   
   1. Key Rules of Evidence
   2. Foundations Required for Different Types of Evidence
   3. Procedural Rules Pertaining to Authentication/Admission of Evidence
   4. Proper Procedures for Introducing Exhibits at Trial
   5. Recent Rule and Case Law Updates
2. Authenticating Evidence and Planning for Admission and Objections
   9:45 - 10:30, Rodney M. Gaston
   
   1. Authenticating Exhibits at the Pleading Stage, Disclosure and Discovery
   2. Taking Depositions with the Purpose of Getting Documents Admitted Into Evidence
   3. Authenticating Exhibits at a Deposition
   4. Using Requests for Admission to Your Advantage
   5. Using Pre-Trial Motions in Limine
   6. Anticipating Objections
   7. Preparing/Designing Exhibits so They Will Not be Excluded at Trial
   8. Demonstrative Evidence and Exhibits
   9. Ways to Get Around Objections and Limitations on Admissibility
3. Applying the Hearsay Rule and its Exceptions
   10:45 - 11:30, Rodney M. Gaston
   
   1. Identifying Hearsay Testimony or Documents
   2. Objecting to an Opposition's Use of Hearsay
   3. Demonstrating How Evidence Falls Under Hearsay Exceptions
   4. Handling Double Hearsay (Hearsay Within Hearsay) Issues
   5. Avoiding Hearsay Objections
4. Texts, Social Media, Emails and More: Collecting and Preserving
   12:30 - 1:15, Debra B. Cruz
   
   1. Capturing ESI for Use as Evidence - How to Proactively Ensure Authenticity
   2. Using Subpoenas
   3. Obtaining Deleted Data
   4. How to Find Metadata
   5. Preserving or Scrubbing Metadata
   6. Preservation, Legal Holds and Spoliation
   7. Maintaining the Chain of Custody
   8. Utilizing Experts
5. Texts, Social Media, Emails and More: Authenticating and Admitting
   1:15 - 2:00, Debra B. Cruz
   
   1. Determining Authenticity - Is the Evidence What the Proponent Claims? Has it Changed?
   2. Finding/Proving the Author
   3. How to Get Your Social Media Posts, Texts, etc. Introduced as Evidence
   4. Self-Authenticating Electronic Evidence
   5. Using Authenticating Testimony
   6. Using Circumstantial Evidence/Distinctive Characteristics to Establish Authenticity
   7. Objections and Responses
   8. Applying the Hearsay Rule and Exceptions to Social Media, Texts and Emails
   9. Admissibility Shortcuts and Real-World Examples
6. Witnesses - Admission of Testimony and Impeachment
   2:15 - 3:00, Rodney M. Gaston
   
   1. Lay Witness Testimony and Limitations
   2. Preserving Testimony by Elderly/Ill Witnesses
   3. Locating Experts and Evaluating Their Qualifications
   4. Expert Reports and Investigation
   5. Expert Motions
   6. Qualifying Experts; Applying the Daubert/Frye Standard
   7. Hearsay and Expert Witnesses
   8. Impeaching a Witness
7. Getting Business Records, Medical Records and Other Documentary Evidence Admitted
   3:00 - 3:30, Rodney M. Gaston
   
   1. Authenticating Documentary Evidence
   2. Self-Authenticating Documents
   3. Applying the Business Records Exception
   4. Authenticating Electronic Signatures
   5. Removing Inadmissible References from Records
   6. Applying the Best Evidence Rule
   7. Summarizing Voluminous Records
   8. Admissibility Shortcuts and Real-World Examples
8. Legal Ethics of Evidence
   3:30 - 4:30, Debra B. Cruz
   
   1. Due Diligence
   2. Duty to Disclose False Evidence
   3. When Clients or Witnesses Lie
   4. Preparing vs. Coaching Witnesses - Drawing the Line
   5. Ethics of ESI
   6. Social Media in Case Investigation and Discovery

DEBRA B. CRUZ is a principal with the law firm of Levin & Gann, P.A., where she practices in the areas of general civil litigation, domestic relations, divorces, custody disputes, child support, alimony, and mediation. She is an attorney mediator in the Family Division of Baltimore City Circuit Court. Ms. Cruz is a member of the Baltimore City Bar (Family Law Committee, Bench and Bar Committee, Ethics Committee, and chairing the Alternate Dispute Resolution Committee), Attorney Grievance Commission of Maryland Peer Review Committee, Baltimore County Professional Committee, and Baltimore-Carroll Chapter of the Women’s Bar Association (Board of Directors). She has lectured on recent developments in Maryland family law. Ms. Cruz earned her B.A. degree, with honors, and her J.D. degree from the University of Florida.

RODNEY M. GASTON is a partner at the law firm of Miller & Zois, LLC, where his practice focuses on medical malpractice and auto/personal injury litigation. He is admitted to practice law in all Maryland state courts, the U.S. District Court for the District of Maryland, the U.S. Court of Appeals for the 4th Circuit, and the U.S. Supreme Court. Mr. Gaston has extensive trial experience in both the district courts and circuit courts throughout the state and has presented oral arguments before the Maryland Court of Special Appeals. He also participated in the nation's largest pro bono representation effort ever undertaken to represent victims of the September 11th, 2001 attacks. Mr. Gaston has lectured to the Maryland Association for Justice on topics including uninsured and underinsured motorists claims, first-party bad faith claims, handling the auto injury claim, and litigating the defense medical examination request. He is a member of the Maryland Association of Justice. Mr. Gaston received his J.D. degree, with honors, from the University of Maryland School of Law.