Agenda / Content Covered

1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
   9:00 - 9:45, John M. Gonzales
   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
   9:45 - 10:30, John M. Gonzales
   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
   10:45 - 11:30, Chanda L. Brown
   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
   12:30 - 1:10, Zachary B. Pyers
   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)
   1:10 - 1:50, Zachary B. Pyers
   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
   1:50 - 2:35, Steven J. Kokensparger
   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
   2:50 - 3:30, Chanda L. Brown
   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, Steven J. Kokensparger
   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)

CHANDA L. BROWN is co-founder of Walton + Brown LLP where she focuses her legal practice on personal injury and employment litigation cases. Ms. Brown believes in helping injured people get fair and reasonable compensation. She has been recognized by the National Trial Lawyers Association as a Top 100 Trial Lawyer. Ms. Brown is one of the youngest and the ONLY African American female in Ohio to receive this award. She is admitted to practice in Ohio and before the U.S. District Court for Northern Ohio and the U.S. District Court of Southern Ohio. Ms. Brown is a member of the American Bar Association, Columbus Bar Association, and the Ohio Association for Justice. She earned her B.S. degree, summa cum laude, from Alabama State University and J. D. degree from the University of Dayton.

JOHN M. GONZALES is a partner in The Behal Law Group LLC. He is a board certified civil trial specialist by the National Board of Trial Advocacy and a member of the Million Dollar Advocates Forum. His trial practice includes business disputes, serious injury and wrongful death cases. Mr. Gonzales’ practice currently emphasizes tort and business litigation, as well as mediation. He is an adjunct professor at Capital University Law School, where he teaches advanced evidence and trial advocacy. Mr. Gonzales earned his B.A. degree from Marshall University and his J.D. degree from Capital University Law School.

STEVEN J. KOKENSPARGER is a partner with the Kokensparger Ryan Legal Group, where his areas of practice include family law, appeals and estate planning. Mr. Kokensparger is a former staff attorney for Judge Katherine S. Lias with the Franklin County Domestic Court and he has written and spoken to numerous professional groups on his areas of practice including discovery, visitation and domestic violence issues in financial divorce and custody proceedings. He has served as a panelist on the National Child Endangerment Panel organized by the National Office of Mothers Against Drunk Driving with funding from the U.S. Justice Department in Washington, D.C., a panelist for the Ohio Attorney General's Office Victims Advocacy Training Seminars, and a panelist on ethics in child custody evaluations for the Ohio Psychological Association. Mr. Kokensparger earned his B.A. degree from Ohio University and his J.D. degree from The Ohio State University.

ZACHARY B. PYERS is a partner in the Columbus, Ohio, office of Reminger Co., L.P.A., and is licensed to practice in Ohio, West Virginia, and the District of Columbia. His practice focuses on civil litigation, including complex litigation, corporate and commercial litigation, professional liability, and general liability. Mr. Pyers has represented numerous professions in professional liability claims, including attorneys, accountants, architects, engineers, surveyors, builders, insurance agents, and investment advisors. He is an adjunct professor at Capital University Law School, where he teaches courses in depositions, e-discovery, and the school's Mock Trial Competition team. Mr. Pyers earned his LL.M. degree, in business, at Capital University Law School. He earned his B.B.A. degree from Ohio University and his J.D. degree, cum laude, from Capital University Law School.