Audio CD + Course Book

The Rules of Evidence: A Practical Toolkit

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77226CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: The Rules of Evidence: A Practical Toolkit, held December 2017.

Program Description

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 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 - order now!

Course Content

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

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
    9:00 - 9:30, Written by Barbara H. Agricola and Mark Newell. Presented by Mark Newell in Mobile and Barbara H. Agricola in Montgomery.
    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, Written by Barbara H. Agricola. Presented by Kristy W. Dugan in Mobile and Barbara H. Agricola in Montgomery.
    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 - 11:30, Written by Carter Hale. Presented by Carter Hale in Mobile and Marcus R. Chatterton in Montgomery.
    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. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    11:30 - 12:15, Written by W. Evans Brittain and Mark Newell. Presented by Mark Newell in Mobile and W. Evans Brittain in Montgomery.
    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
  5. ADMISSION/EXCLUSION OF UNIQUE EVIDENCE
    1:15 - 2:15, Written by W. Evans Brittain. Presented by S. Gaillard Ladd Jr. in Mobile and W. Evans Brittain in Montgomery.
    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
  6. PRESENTING TO THE JUDGE AND JURY
    2:15 - 3:15, Written by Tamika R. Miller. Presented by S. Gaillard Ladd Jr. in Mobile and Tamika R. Miller in Montgomery.
    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
  7. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Written by Tamika R. Miller. Presented by Kristy W. Dugan in Mobile and Tamika R. Miller in Montgomery.
    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)
December 12 - Mobile

KRISTY W. DUGAN is an attorney with the law firm of Frazier, Greene, Upchurch & Baker, LLC, located in Mobile, Alabama. Ms. Dugan focuses her practice on civil litigation, primarily in the areas of professional malpractice, first and third party insurance claims, and business litigation. She is admitted to practice in all trial and appellate courts of Alabama and Georgia, the Southern and Northern districts of Alabama, and the 11th Circuit Court of Appeals. Ms. Dugan is a member of the Defense Research Institute (Leadership Committee for Government Enforcement and Corporate Compliance), the Mobile Bar Association (president, Women Lawyers Section), the Alabama State Bar (Women’s Section) and the Alabama Defense Lawyers Association. Ms. Dugan graduated with her B.A. degree from Haverford College and she earned her J.D. degree from Tulane University Law School.

CARTER HALE is a partner with Scott, Sullivan, Streetman & Fox, P.C., in the firm's Mobile, Alabama office. Mr. Hale has a diverse litigation and trial practice, though a great portion of his time is concentrated on defending complex products liability cases, wrongful death actions, employment law charges and suits, professional liability claims, and commercial design and construction defect cases in state and federal courts throughout Alabama. He has earned a wide-ranging client base - from individuals and small businesses to national companies - by drawing from experience and a clear understanding of each client's unique needs, objectives and values. His focus on gaining a deep-rooted knowledge of each client's interests, risks, and philosophies through effective communication, while establishing a chemistry and bringing new ideas and perspectives to the table, has enabled him to accomplish favorable outcomes for his clients, and forge long-term business relationships with them. Mr. Hale earned his B.S. degree from Hampden-Sydney College and his J.D. degree from Cumberland School of Law. He is admitted to practice in Alabama; the U.S. District Courts for the Southern and Middle Districts of Alabama, and the U.S. District Court for the Northern District of Florida; and has been admitted pro hac vice numerous times in the U.S. District Court for the Eastern District of Louisiana and the state of Mississippi. Mr. Hale is a member of the Alabama State Bar (Litigation and Labor and Employment Law sections) and the Mobile Bar Association.

S. GAILLARD LADD JR. is an attorney with the firm of Armbrecht Jackson LLP, located in Mobile, Alabama. Mr. Ladd focuses his practice on civil defense litigation in the areas of workers compensation, insurance, products liability, healthcare and professional liability. Prior to his civil litigation practice, Mr. Ladd served as an assistant district attorney in Mobile. Mr. Ladd graduated with his B.A. degree from Birmingham-Southern College and he earned his J.D. degree from Cumberland School of Law, Samford University. While at Cumberland, Mr. Ladd was an active member of Cumberland's trial advocacy board and was selected as a member of Cumberland's national trial team. He was inducted into the Order of Barristers in recognition for his courtroom advocacy abilities. Mr. Ladd is a member of the Alabama State Bar, the Mobile Bar Association, The Mississippi Bar, the Defense Research Institute and the Alabama Defense Lawyers Association.

MARK NEWELL is a partner with the law firm, Armbrecht Jackson LLP, in Mobile, Alabama. Mr. Newell has been involved in the defense of civil litigation for over 31 years. Licensed in Alabama and Florida, he currently practices in the areas of construction litigation, products liability, personal injury defense and insurance coverage matters. Mr. Newell graduated with his B.A. degree from the University of Alabama; he earned his J.D. degree from Cumberland School of Law, Samford University and was the recipient of the American Jurisprudence Award in Evidence. Mr. Newell is a member of the Alabama State Bar, The Florida Bar, the Alabama Defense Lawyers Association and the Florida Defense Lawyers Association.

December 15 - Montgomery

BARBARA H. AGRICOLA is the founding partner of Agricola Law, and concentrates her practice in the areas of plaintiff’s personal injury law, family law, appellate law and criminal defense. Additionally, she has a strong federal court practice. Ms. Agricola earned her bachelor's degree, magna cum laude, from the University of Alabama in Birmingham. She then attended the University of Alabama School of Law in Tuscaloosa where she received numerous awards for her trial advocacy skills, leadership skills and involvement in the law school. Ms. Agricola was a member of the Order of the Barristers, the Bench & Bar legal honor society and the Law School Ambassadors, among others. After law school, she completed several federal clerkships, including clerking for the Honorable William M. Acker Jr. of the Northern District of Alabama; the Honorable Joel F. Dubina, then Chief Judge of the Eleventh Circuit Court of Appeals; and the Honorable W. Keith Watkins, Chief Judge of the Middle District of Alabama. Ms. Agricola has spoken at several CLEs and is a published author on various legal topics.

W. EVANS BRITTAIN is a partner in the Montgomery office of Ball, Ball, Matthews & Novak, P.A. He has tried numerous jury trials to verdict, serving as lead counsel in the majority of those cases. Mr. Brittain focuses his practice on defending insurance companies in suits by consumers and individuals alleging fraud, breach of contract, bad faith and inadequate performance of the insurance policy. He has defended lawsuits covering a wide array of areas, including commercial disputes, premises liability, products liability and motor vehicle liability. Mr. Brittain is an active member of the Montgomery County Bar Association and the Alabama Defense Lawyers Association where he has served as a board member. He has also spoken on numerous occasions to various national insurance companies, providing advice about litigating claims and defending lawsuits. Mr. Brittain earned both his undergraduate degree and law degree from the University of Alabama.

MARCUS R. CHATTERTON is a partner in Balch & Bingham LLP's Birmingham office. Mr. Chatterton is a tech-minded litigator experienced in intellectual property, social media, smart grid, electronic data, and general technology issues. He represents and counsels large and small businesses, inventors, and creative clients in copyright, patent, trademark, and trade secret disputes. Mr. Chatterton is also an experienced product liability, casualty, and real estate litigator. He chairs the social media practice group and co-chairs the eDiscovery practice group for Balch & Bingham LLP. Mr. Chatterton also serves the American Bar Association as co-chair of the Copyright and Social Media subcommittees in the Intellectual Property Committee of the ABA’s Section of Litigation. He earned his B.S. degree from Auburn University and his J.D. degree, magna cum laude, from The University of Alabama School of Law.

TAMIKA R. MILLER is a partner with Miller Smith, LLC, where she practices in the areas of civil litigation handling personal injury matters and business litigation matters. Ms. Miller is licensed to practice law in the state of Alabama. She is a member of the Montgomery County Bar Association. Ms. Miller earned her B.A. degree from Florida A&M University and her J.D. degree from Faulkner University-Thomas Goode Jones School of Law.

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