Audio CD + Course Book

The Rules of Evidence: A Practical Toolkit

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:

77239CDRA

Audio + Course Book

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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 expert witness testimony, 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. Understanding Hearsay
  2. Handling Email, Social Media and Other ESI
  3. Witness Testimony and Reports
  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 Legal Education

Credit Hrs State Credit Approval Expiration
CLE 6.00 CT * 12/21/2019
CLE 7.00 NY * 12/21/2019

* denotes specialty credits

Agenda / Content Covered

  1. UNDERSTANDING HEARSAY
    9:00 - 10:00, Ephraim J. Fink
    1. Overview of Critical Rules You Need to Know Regarding Hearsay
    2. Recent Case Law
    3. Practical Application 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
  2. HANDLING EMAIL, SOCIAL MEDIA AND OTHER ESI
    10:00 - 11:00, Ephraim J. Fink
    1. Collecting ESI
    2. Recent Case Law
    3. Practical Application 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
  3. WITNESS TESTIMONY AND REPORTS
    11:15 - 12:00, James W. Cummings
    1. Practical Application 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
  4. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    1:00 - 1:45, Etan Hirsch
    1. Practical Application 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
    1:45 - 2:30, Etan Hirsch
    1. Practical Application 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
    2:45 - 3:30, David Austin
    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, Simon I. Allentuch
    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)

SIMON I. ALLENTUCH is an attorney at Neubert, Pepe & Monteith, P.C. Mr. Allentuch has a broad business litigation practice including ERISA, environmental, zoning, directors and officers, products liability, financial, and employment litigation. He also represents clients in state and federal court, at the trial level and on appeal, in arbitrations, and before various administrative agencies, including the U.S. Equal Employment Opportunity Commission, the Connecticut Commission on Human Rights and Opportunities, the National Labor Relations Board, the Department of Labor, and the Department of Energy and Environmental Protection. Mr. Allentuch serves as general and labor and employment counsel for many clients, providing both counseling and litigation services. He regularly counsels and represents clients on various liability and regulatory issues, as well as a wide range of labor and employment issues. Mr. Allentuch drafts and provides advice on employment contracts; restrictive covenants; severance agreements; and the implementation of employment manuals, policies and procedures. He is a member of the Connecticut Bar Association (Federal Practice, Labor & Employment Law Section) and American Bar Association. Mr. Allentuch graduated with departmental and university honors from the University of Chicago, and earned his law degree from New York University School of Law, where he served as an associate editor for the Review of Law and Social Change.

DAVID AUSTIN is an attorney with Law Offices of Ronald I. Chorches, LLC, where he practices in the areas of bankruptcy, commercial law, contracts, and litigation. He is a member of the Connecticut Bar Association. Mr. Austin is a member of the Civics Education, and Connecticut Lawyer Advisory committees for the Connecticut Bar Association. He earned his B.A. degree from Mercer University, followed by earning his J.D. degree from the University of Kansas School of Law.

JAMES W. CUMMINGS is the principal of The Cummings Law Firm LLC, in Waterbury. He focuses his practice in the areas of family law, military law, personal injury, workers’ compensation, civil litigation and complex litigation. Mr. Cummings is a member of the New Haven, Waterbury and Connecticut bar associations; and the Connecticut and American Trial Lawyers associations. He is licensed in California, New York, and Connecticut. He earned his B.A. degree from Rollins College; and his J.D. and LL.M. degrees from the University of the Pacific, McGeorge School of Law.

EPHRAIM J. FINK is a partner with Maya Murphy, P.C., and has been litigating in the Connecticut and New York Courts since 2000. Mr. Fink focuses his practice on personal injury, matrimonial and family law, estate and probate litigation, and commercial disputes. He graduated from Syracuse University's Newhouse School of Public Communications with a degree in journalism and thereafter obtained his law degree at New England Law - Boston where his dean's list grade average earned him an associate editor position on the New England Journal on Criminal and Civil Confinement. Mr. Fink also was permitted to prosecute a DUI case as a part of a special student extern clinic program. He is a licensed member of the bar in Connecticut and New York and is also admitted to practice in the Federal District Courts of Connecticut, New York's Southern and Eastern districts, and the United States Supreme Court.

ETAN HIRSCH is an attorney with the law firm of Adelman Hirsch Connors, in Bridgeport where his practice is focused on personal injury, automobile negligence, and premises liability cases. He previously worked at the Office of the Attorney General of the State of New York, and the Connecticut State's Attorney's Office. In addition, Mr. Hirsch served as a judicial intern in the chambers of Magistrate Judge Joyce London Alexander of the United States District Court for the District of Massachusetts. He earned his B.A. degree from George Washington University and his J.D. degree from Suffolk University Law School. Mr. Hirsch is admitted to practice in Connecticut and is a member of the Connecticut Trial Lawyers Association, American Bar Association, Greater Bridgeport Bar Association and the American Association for Justice.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

CT CLE: 6.00 Credit Approval Exp
12/21/2019
Includes - Ethics: 1.00
Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for up to 6.0 self-study hours toward your annual CLE requirement in Connecticut, including 1.0 self-study hour(s) of ethics/professionalism.


NY CLE: 7.00 Credit Approval Exp
12/21/2019
Includes - Ethics: 1.00, Skills: 6.00
This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 7.0 credit hours. 6.0 hours can be applied to the skills requirement. and is approved for experienced attorneys. 1.0 hour can be applied toward the ethics and professionalism requirement and is approved for experienced attorneys.


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