Live Seminar

The Rules of Evidence: A Practical Toolkit

Seminar

Date:

Wednesday, February 28, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78213ER

Location:

Hilton Garden Inn Columbia/Northeast

8910 Farrow Road

Columbia, SC 29203

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • SC 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. Witness Testimony and Reports
  5. Keeping Evidence Out (Pre and Post Trial)
  6. Presenting to the Judge and Jury
  7. 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 - 9:45, Written by Daryl G. Hawkins. Presented by Daryl G. Hawkins in Charleston and Richard H. Willis in Columbia.
    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, Written by Thomas A. Killoren Jr. and Miller W. Shealy Jr. Presented by Miller W. Shealy Jr. in Charleston and Thomas A. Killoren Jr. in Columbia.
    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 - 12:00, Written by Catherine Chase and Thomas A. Killoren Jr. Presented by Catherine Chase in Charleston and Thomas A. Killoren Jr. in Columbia.
    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
    1:00 - 1:45, Written by H. Asby Fulmer III. Presented by Andrew W. Countryman in Charleston and H. Asby Fulmer III in Columbia.
    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)
    1:45 - 2:30, Written by Grant B. Smaldone. Presented by Grant B. Smaldone in Charleston and H. Asby Fulmer III in Columbia.
    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. PRESENTING TO THE JUDGE AND JURY
    2:45 - 3:30, Written by Robert T. Lyles Jr. Presented by Robert T. Lyles Jr. in Charleston and J. Clarke Newton in Columbia.
    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 Catherine Chase. Presented by Catherine Chase in Charleston and Richard H. Willis in Columbia.
    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)
February 27 - Charleston

CATHERINE CHASE is an attorney at Young Clement Rivers, LLP. Ms. Chase practices primarily with the firm’s commercial litigation and appellate, primary casualty, and trucking and transportation practice groups. While in law school, she served as the research editor of the Charleston Law Review and received a CALI Award in secured transactions. Ms. Chase is admitted to practice in South Carolina and the Supreme Court of the United States. She is also admitted to practice in the U.S. District Court for the District of South Carolina and the U.S. Court of Appeals, Fourth Circuit. Ms. Chase is a member of the Charleston County Bar Association, the South Carolina Bar, the American Bar Association, the Federal Bar Association, and the South Carolina Women Lawyers Association. She is also the Charleston Chapter president of Ellevate. Ms. Chase earned her J.D. degree from Charleston School of Law and her B.S. degree from College of Charleston.

ANDREW W. COUNTRYMAN is an attorney at Countryman Law Firm. He has been defending clients in civil suits in South Carolina since 2005. Mr. Countryman focuses his practice on defending South Carolina professionals, including doctors and healthcare facilities, lawyers, architects, and engineers. A significant portion of his practice also includes mechanic's lien law and general liability matters. Mr. Countryman is a regular speaker and author of articles related to various legal topics, including long term care defense, legal malpractice, mechanic's liens, evidence, and legal ethics. He earned his B.S. degree from Davidson College and his J.D. degree from the University of South Carolina School of Law. Mr. Countryman is active in the South Carolina Bar and the Charleston County Bar Association. He also is a member of the Professional Liability Underwriting Society. Mr Countryman was named a South Carolina Rising Star for 2013 by Super Lawyers magazine.

DARYL G. HAWKINS is the owner of the Law Office of Daryl G. Hawkins, LLC, where he practices personal injury, medical malpractice, environmental, professional negligence, complex litigation, business torts, and business fraud law. Mr. Hawkins has taught in the Intensive Trial Advocacy Program at the University of South Carolina School of Law and been a guest lecturer. He is admitted to practice in South Carolina and before the U.S. District Court for the District of South Carolina, U.S. Court of Appeals for the Fourth Circuit, and the U.S. Court of Appeals for the Eleventh Circuit. Mr. Hawkins is a member of the Richland County Bar Association (past president), American Bar Association, South Carolina Bar, South Carolina Association for Justice (former chairman, Ad Hoc Medical Malpractice Committee), and the Association for Justice. He earned his B.A. degree from Wofford College and his J.D. degree from the University of South Carolina School of Law.

ROBERT T. LYLES JR. is a shareholder with the firm of Lyles & Lyles, LLC, in Charleston. His practice is devoted principally to the defense of construction and employment claims. Mr. Lyles has lectured before various business groups and has conducted seminars on numerous topics including construction law, insurance bad faith and employment law. He earned his B.A. degree from the College of Charleston and his J.D. degree from the University of South Carolina. Mr. Lyles is a member of the American Bar Association, the South Carolina Bar, the South Carolina Defense Trial Attorneys' Association and the Defense Research Institute.

MILLER W. SHEALY JR. is a professor with the Charleston School of Law, where he teaches criminal law, criminal procedure, evidence, and seminars in the Law of the Sea and white collar crime. Mr. Shealy also actively practices criminal law in state and federal trial courts, including corporate and white collar criminal defense, and he represents clients in criminal and civil appeals in state and federal appellate courts. He is admitted to practice in South Carolina and before the U.S. District Court District of South Carolina, Fourth Circuit Court of Appeals, and the United States Supreme Court. Mr. Shealy earned his B.A. degree from the University of South Carolina and his J.D. degree from the University of South Carolina.

GRANT B. SMALDONE is a criminal defense attorney based out of Charleston, South Carolina. He earned his B.A. degree from the University of South Carolina and his J.D. degree from Charleston School of Law. Upon being sworn in as an attorney in South Carolina, Mr. Smaldone worked at the Third Circuit Public Defender’s Office in Sumter, South Carolina. During his time at the public defender’s office, he represented a wide-range of cases, trying several and achieving favorable results more often than not. Mr. Smaldone then accepted a position as an assistant solicitor with the Seventh Judicial Circuit’s Solicitor’s Office, where he prosecuted a variety of Felony and Misdemeanor offenses ranging from Check Fraud to Burglary. In 2014 Mr. Smaldone opened The Law Office of Grant B. Smaldone, LLC, where he represents people from all over South Carolina. He focuses on criminal defense matters, and currently has cases ranging from Speeding to DUI to Murder. Mr. Smaldone is a member of the South Carolina Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyer, the Charleston Lawyers Club, and the South Carolina Bar Association. He is also an adjunct professor of law at the Charleston School of Law, where he teaches Legal Research and Writing.

February 28 - Columbia

H. ASBY FULMER III is a sole practitioner of the Fulmer Law Firm, LLC, in Summerville, South Carolina, with offices in both South Carolina and North Carolina. His practice areas include automobile accidents, premise liability, medical malpractice, workers' compensation and catastrophic injuries. Along with numerous brain injury cases, Mr. Fulmer has litigated cases not only in South Carolina, but multiple other states as well. He is admitted to the South Carolina Bar and is a member of the Dorchester County Bar Association. Mr. Fulmer earned his B.A. and J.D. degrees from the University of South Carolina.

THOMAS A. KILLOREN JR. is a partner with Harrison, White, Smith & Coggins, P.C., where his main areas of practice include product liability and auto collision. He has spoken for Attorneys Information Exchange Group (AIEG) and South Carolina Trial Lawyers Association (SCTLA) on the topics of how to perfect third party claims and discovery abuse. Mr. Killoren earned his B.A. degree from Hamilton College and his J.D. degree from John Marshall Law School. He is a member of the American Bar Association, the South Carolina Association for Justice (PAC), the American Association for Justice and the North Carolina Association for Justice.

J. CLARKE NEWTON is an attorney with Bluestein, Nichols, Thompson, & Delgado, LLC, where he practices in the areas of criminal defense, medical malpractice, wrongful death, motorcycle wrecks, wrecks with tractor trailers, and personal injury. He is admitted to practice in South Carolina. Mr. Newton is a member of the South Carolina Young Lawyer's Division and the South Carolina Bar Leadership Academy. He earned his B.A. degree from the University of Florida, and his J.D. degree from the University of South Carolina School of Law.

RICHARD H. WILLIS is a partner with the Columbia law firm of Bowman and Brooke LLP, where he has been handling commercial litigation and contractual disputes in state and federal courts across the country for more than 30 years. Additionally, Mr. Willis practices in the areas of product liability, environmental law, toxic torts, commercial litigation and personal injury defense. He is an adjunct professor at the University of South Carolina, where he teaches trial advocacy. He is a member of the South Carolina Bar, the State Bar of Georgia, the American Bar Association, the Georgia Defense Lawyers Association, the South Carolina Defense Trial Attorneys Association and the Environmental Law Institute. Mr. Willis earned his B.A. degree from the University of the South; and his J.D. degree, cum laude, from the University of South Carolina School of Law.

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

SC CLE: 6.00 Includes - Ethics: 1.00
This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 hours, of which 1.0 hour relates to ethical considerations.


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