Evidence Presentation, Objections, and Admission: The Trial Attorney's Guide

Agenda / Content Covered

1. RULES AND PROCEDURES GOVERNING INTRODUCTION AND EXCLUSION OF EVIDENCE
   10:00 — 10:45, David Potteiger
   1. 1. Procedures for Introducing Exhibits at Trial
      2. Authenticity, Reliability and Relevance
      3. Foundation Requirements for Real, Illustrative, Demonstrative and Documentary Evidence
      4. Preparing Evidence and Planning for Admissibility Issues Before Trial
      5. Issuing Trial Subpoenas to Witnesses
      6. Objections Allowed and Disallowed in Court vs. at Deposition
2. USING DOCUMENTARY EVIDENCE
   10:45 — 11:15, Jan Berlage
   1. Business Records
   2. Letters, Writings and Contracts
   3. Medical Records, X-Rays and Bills
   4. Other Documentary Evidence
   5. Satisfying the Best Evidence Rule
   6. Examination of Altered Documents
3. EXPERT WITNESS TESTIMONY
   11:30 — 12:00, Jan Berlage
   1. Establishing Competence to Testify and Qualifications
   2. Verifying an Expert's Methodologies
   3. Motions in Limine: Bringing or Defending Against
   4. In Depositions vs. at the Hearing
   5. Introducing Documentary Evidence During Examination
   6. Case Law Review
4. USING DEMONSTRATIVE EVIDENCE TO BOLSTER YOUR CASE
   12:00 — 12:30, David Potteiger
   1. Establishing Relevancy
   2. Battleground for Demonstrative Evidence: Satisfying the Fairness Requirement
   3. PowerPoints
   4. Computer Simulations and Recreations
   5. Handling Numerical Data, Charts and Graphs
   6. Models, Maps, Diagrams
   7. Photographs and Videos
   8. Case Law Review
   9. Introducing Physical Evidence at Trial
5. PREPARING AND INTRODUCING SOCIAL MEDIA POSTS, TEXTS, EMAILS AND MORE
   1:00 — 1:45, David Potteiger
   1. How to Collect to Ensure Admission Later on
   2. Authenticating and Laying Foundation
   3. Introducing Facebook, YouTube Videos, Other Internet Records
   4. Digital Photographs
   5. Texts and Other Smartphone Evidence
   6. Real-World Demonstrations
   7. Rule and Case Law Updates
6. OBJECTIONS: ARGUING RELEVANCE AND MATERIALITY
   1:45 — 2:15, Jan Berlage
7. USING AND OVERCOMING HEARSAY OBJECTIONS AND EXCEPTIONS
   2:15 — 3:00, Jan Berlage
   1. The Rule Against Hearsay
   2. Hearsay in Depositions vs. at Trial
   3. What Determines Hearsay vs. Non-Hearsay
   4. Blocking Unreliable Hearsay
   5. Effective Use of Exceptions
   6. Refuting Hearsay Objections
8. OTHER OBJECTIONS: WHEN TO USE THEM, AND HOW TO RESPOND
   3:15 — 4:00, David Potteiger
   1. Not in Evidence, Not in Discovery
   2. Authentication/Chain of Custody
   3. Unduly Prejudicial
   4. Continuing Objection
   5. Habit and Routine
   6. Form of the Question, Compound, Argumentative, Leading
   7. Asked and Answered, Needlessly Cumulative (No New Relevant Evidence)
   8. Privilege, Work-Product
   9. Curative Instructions and Requests/Motions to Strike
9. LEGAL ETHICS OF EVIDENCE
   4:00 — 5:00, Jan Berlage
   1. Ethics of ESI
   2. Handling Prejudicial Evidence
   3. Candor with the Court
   4. "Coaching" Witnesses

Accreditation Details:

Jan I Berlage is a partner with Gohn Hankey & Berlage LLP. His practice focuses on general business litigation, ranging from commercial disputes to bankruptcy to intellectual property. Mr. Berlage has extensive experience in trials, arbitrations, mediations, and administrative hearings, including arguments before the Maryland Court of Appeals and the U.S. Court of Appeals for the Third and Fourth circuits. He has secured major jury verdicts and large settlements for both businesses and individuals as well as successfully defended against multimillion dollar claims in both state and federal court. Prior to private practice, Mr. Berlage served as law clerk to the Honorable E. Stephen Derby, U.S. Bankruptcy Court for the District of Maryland. He has taught pretrial litigation practice at the University Of Maryland School of Law; served on the Board of Governors for the Maryland State Bar Association; and the U.S. Commission on Civil Rights, Maryland State Action Committee. Mr. Berlage is a fellow of both the American and Maryland State bar foundations, presents regularly at CLE courses, and has been the chair of numerous committees at both the national and state level. He earned his B.A. degree, with honors, from Wesleyan University; his J.D. degree from the University of Virginia School of Law, where he served as executive editor of The Journal of Law & Politics; and is a member of Phi Beta Kappa.

David M Potteiger is a partner in the law firm of Walcheske & Luzi, LLC. Practicing since 2007, Mr. Potteiger has built his reputation as an impassioned and zealous advocate, which he displays in both his trial and appellate practice. He is a frequent author and speaker on litigation topics. Mr. Potteiger also acts as an attorney advisor, teaching trial advocacy skills, to competition mock trial teams. He earned his B.A. degree from the University of Wisconsin-Milwaukee and his J.D. degree from Golden Gate University School of Law.