Live Seminar

The Rules of Evidence: A Practical Toolkit

Seminar

Date:

Wednesday, February 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78210ER

Location:

Hilton Garden Inn Bozeman

2023 Commerce Way

Bozeman, MT 59715

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • MT CLE - 6.00

Program Description

The Rules of Evidence Simplified

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 - enroll today!

  • Gain veteran tips on applying the rules of evidence at each stage of the litigation process, from discovery to trial.
  • Learn how to effectively analyze, authenticate, admit and exclude the most complex types of evidence.
  • Find out what red flags to look for when handling email and other ESI.
  • Explore hearsay in depth and get a concrete understanding of what constitutes hearsay.
  • Clearly link your evidence to your case with proven presentation skills.
  • Be prepared to argue relevance and get experts and evidence admitted (or excluded) in court.

Who Should Attend

This basic-to-intermediate level seminar offers attorneys the fundamental knowledge and practical skills to make the best use of evidence and testimony.

Course Content

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

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *


* denotes specialty credits

Agenda / Content Covered

  1. THE "BIG SIX" ADMISSIBILITY QUESTIONS
    9:00 - 10:00, Written by Bruce A. Fredrickson and Jennifer Wendt Bordy. Presented by Bruce A. Fredrickson in Kalispell and Jennifer Wendt Bordy in Bozeman.
    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
    10:15 - 11:15, Written by Bruce A. Fredrickson and Jennifer Wendt Bordy. Presented by Bruce A. Fredrickson in Kalispell and Jennifer Wendt Bordy in Bozeman.
    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
    11:15 - 12:15, Written by Susan B. Mayer. Presented by Susan B. Mayer in Kalispell and Bozeman.
    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. ADMISSION/EXCLUSION OF UNIQUE EVIDENCE
    1:15 - 2:15, Written by Maggie Braun and Sheryl Wambsgans. Presented by Jennifer Wendt Bordy in Kalispell, and Maggie Braun and Sheryl Wambsgans in Bozeman.
    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
  5. PRESENTING TO THE JUDGE AND JURY
    2:15 - 3:15, Written by Quentin M. Rhoades. Presented by Quentin M. Rhoades in Kalispell and Bozeman.
    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
  6. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Written by Quentin M. Rhoades. Presented by Quentin M. Rhoades in Kalispell and Bozeman.
    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)

MAGGIE BRAUN is an attorney with Bridger Law, where she focuses her practice in the areas of civil litigation, family law, municipal law, employment law and landlord/tenant law. She is a member of the State Bar of Montana. Ms. Braun earned her undergraduate degree from Gonzaga University and her J.D. degree from the University of Montana. (Bozeman location)

BRUCE A. FREDRICKSON is a partner with Rocky Mountain Law Partners, PLLP, where his practice focuses on all aspects of commercial, business, real estate, and general civil litigation. Mr. Fredrickson's legal experience spans nearly thirty years and he has tried many cases, both jury and non-jury. In addition to complex commercial contract and tort litigation, he is also experienced in the areas of employment law, natural resources litigation, lender liability litigation, pharmacy law issues, intellectual property litigation, and chemical and drug product liability litigation. Mr. Fredrickson has served as lead counsel and has been admitted pro hac vice in cases in Wyoming, Colorado, Texas and California. He is admitted to practice in all courts in Montana and North Dakota; the U.S. District Court for the Districts of Montana, North Dakota, and Colorado; the U.S. Court of Appeals for the Ninth Circuit; and the U.S. Supreme Court. Mr. Fredrickson earned his B.S. degree from North Dakota State University and his J.D. degree from the University of North Dakota School of Law. (Kalispell location)

SUSAN B. MAYER is president and CEO of Litigation Abstract, Inc. She has been providing technology assisted litigation support services to the legal community in both the public and private sectors since 1989. Ms. Mayer has consulted on the design and implementation of databases for numerous document reviews and productions in litigation across the United States. She and her team at Litigation Abstract, Inc. are working with attorneys to make e-discovery more accessible and cost effective for small to mid-sized law firms and projects. Ms. Mayer is one of the most experienced electronic trial consultants in the United States, with experience in state and federal courts and civil and criminal trials. She earned her B.A. degree from Duke University. (Kalispell and Bozeman locations)

QUENTIN M. RHOADES is a member in the law firm of Rhoades, Siefert & Erickson, PLLC. His practice concentrates on trials and appeals of personal injury, real property, insurance, and commercial disputes in state and federal courts. Mr. Rhoades has a wealth of courtroom experience before both Montana and federal trial and appellate courts. He is admitted to practice before the U.S. Supreme Court; the Montana Supreme Court; the U.S. Eighth Circuit Court of Appeals; the U.S. Ninth Circuit Court of Appeals; the U.S. Ninth Circuit Bankruptcy Appellate Panel; the U.S. District Court for the District of Montana; the U.S. Court of Claims; the U.S. Tax Court; the U.S. Immigration Court for the Districts of Montana, Washington and Colorado; and the U.S. Board of Immigration Appeals. Mr. Rhoades has also been admitted to practice pro hac vice before federal courts in the Western District of Arkansas, the Eastern and Southern Districts of Texas, the Western District of Washington, and the District of Minnesota. He earned his B.S. degree and his Master of Arts degree, high honors, from Montana State University; and his J.D. degree from the University of Montana School of Law. Mr. Rhoades has lectured on legal ethics, construction law, firearms law and bankruptcy law for several years. (Kalispell and Bozeman locations)

SHERYL WAMBSGANS is an attorney with Bridger Law, where she focuses her practice in the areas of family law and criminal defense. She is a member of the American Bar Association and the State Bar of Montana. Ms. Wambsgans earned her undergraduate degree from Montana State University and her J.D. degree from the University of Denver-Sturm College of Law. (Bozeman location)

JENNIFER WENDT BORDY is in private practice. She focuses her practice on criminal defense, family law and other civil litigation. She served as the first chief public defender for the Gallatin County courts. Ms. Wendt Bordy won the Am Jur Book Award for Evidence and has focused on and loved the topic ever since. She earned her B.S. degree from the University of Montana and her J.D. degree from the University of Montana School of Law. Ms. Wendt Bordy clerked for the Honorable Judge Robert Holmstrom in Billings before becoming a deputy Gallatin County attorney. She is now mostly retired from practicing law although she maintains an active license with the State Bar of Montana. (Kalispell and Bozeman locations)

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

MT CLE: 6.00 Includes - Ethics: 1.00
Approved for 6.0 hours of CLE credit by the Montana Commission on Continuing Legal Education, including 1.0 hour of ethics.


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