The Rules of Evidence - A Practical Toolkit

Agenda / Content Covered

1. DETERMINING ADMISSIBILITY
   10:00 - 10:45, James W. Balmer
   1. Determine Applicability of Rules: State and Federal
   2. Is it Hearsay?
   3. Is it Relevant?
   4. Reasons to Exclude
   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. AUTHENTICATING SOCIAL MEDIA, TEXT, AND EMAIL EVIDENCE
   10:45 - 11:45, Robert J. Kasieta
   1. Electronic Discovery Update
   2. Proper Data Mining and Gathering Procedures
   3. Does the Evidence Have a Proper Foundation?
   4. Does the Evidence Have Distinctive Characteristics?
   5. Is the Evidence What the Proponent Claims?
   6. Linking the Evidence to the Purposes Author
   7. Is it Hearsay?
   8. Overcoming Admissibility Obstacles
3. APPLYING HEARSAY OBJECTIONS AND EXCEPTIONS
   12:00 - 12:45, Debra B. Cruz
   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
4. WITNESSES
   12:45 - 1:30, James W. Balmer
   1. Qualification
   2. Opinions and Firsthand Knowledge
   3. Deposition/Examination Procedure
   4. Impeachment (Prior Inconsistent Statements/Contradiction; Bias; Character-Related; Other)
   5. Dealing With Missing Witnesses, Evidence, and Documents
   6. Disclosures to Opposing Counsel
   7. Complying With the Scheduling Order
5. EXPERT REPORTS AND SCIENTIFIC EVIDENCE
   2:00 - 2:45, James W. Balmer
   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
6. AUTHENTICATION, EXHIBITS, AND COURTROOM PRESENTATION
   2:45 - 3:45, Robert J. Kasieta
   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
7. ETHICS
   4:00 - 5:00, Debra B. Cruz
   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

Accreditation Details:

James W Balmer is a founding partner of Falsani, Balmer, Peterson & Balmer, where he has represented thousands of people in all kinds of litigation, including jury trials, workers' compensation trials and hearings, Social Security disability hearings, and appeals in those areas. He has handled wrongful death, car crash, slip-and-fall, worksite injuries, defective product claims, dog attack, liquor liability claims, and other kinds of bodily injury matters; as well as insurance coverage disputes, defamation claims, probate, and trust disputes. Mr. Balmer is admitted to practice before all Minnesota and Wisconsin courts, both state and federal, and has tried cases throughout both states. He has argued cases before the 7th U.S. Circuit Court of Appeals in Chicago and the 8th U.S. Circuit Court of Appeals based in St. Louis. Mr. Balmer has been selected as a Minnesota Super Lawyer annually beginning in 1998. He has been certified as a civil trial specialist by the National Board of Trial Advocacy and by the Minnesota State Bar Association. Mr. Balmer has been honored as an advocate by the American Board of Trial Advocacy. He earned both his B.A. and J.D. degrees from the University of Minnesota.

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 chair, 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.

Robert J Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law; and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.