Live Seminar

The Rules of Evidence: A Practical Toolkit

Seminar

Date:

Wednesday, March 21, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78236ER

Location:

State Bar of New Mexico Center

5121 Masthead N.E.

Albuquerque, NM 87109

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NM 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.
  • 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. Witness Testimony and Reports
  4. Keeping Evidence Out (Pre and Post Trial)
  5. Admission/Exclusion of Unique Evidence
  6. Handling Email, Social Media and Other ESI
  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 - 9:30, James P. Lyle
    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, Gary Boyle
    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. WITNESS TESTIMONY AND REPORTS
    10:30 - 11:30, Scott P. Hatcher
    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
  4. KEEPING EVIDENCE OUT (PRE AND POST TRIAL)
    12:30 - 1:30, Quentin F. Smith
    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
    1:30 - 2:30, Scott P. Hatcher
    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. HANDLING EMAIL, SOCIAL MEDIA AND OTHER ESI
    2:45 - 3:30, Mark J. Fidel
    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
  7. ETHICAL CONSIDERATIONS
    3:30 - 4:30, Gary Boyle
    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)

GARY BOYLE, of Boyle Law Office, has practiced law continuously since 1981. In addition to serving as an associate and a partner in a business litigation firm in Oklahoma, he has served as in-house counsel with The Williams Companies, Inc., in Tulsa; Texas-New Mexico Power Company and First Choice Power, in Fort Worth; and PNM Resources, Inc., in Albuquerque. Mr. Boyle was responsible for each of the company's litigation functions. He currently serves as the virtual general counsel for Environmental Enginuity Group, LLC (Michigan); adl High Voltage, Inc. (Texas); EnergyComNetwork, Inc. d/b/a PayGo Utilities (Georgia); and Flask, Inc. (New Mexico). He also maintains an active litigation practice in New Mexico, focusing on family law. Mr. Boyle is licensed to practice in the state courts of New Mexico, Texas, and Oklahoma; and in various federal courts including the U.S. Supreme Court. He earned his J.D. degree, with honors, from the University of Tulsa.

MARK J. FIDEL is the co-founder of RiskSense, Inc. He is an attorney licensed to practice in New Mexico. Mr. Fidel is a former litigator who founded Applied Records Management in 2004. Applied Records Management is a records management and litigation support consulting firm. Mr. Fidel also has a minority interest in MVP Sports Systems, LLC, an Albuquerque, New Mexico-based sports systems software developer. He began his career selling commercial insurance, and then held a series of financial positions at the New Mexico Institute of Mining and Technology, including managing the payroll for more than 1,000 full and part-time employees, and acting as the federal contracts compliance officer supervising the school's federal grant and contracts requirements. Mr. Fidel worked for the Intel Corporation as a capital analyst in a small manufacturing division, where he worked closely with the engineering staff to develop solutions to manufacturing bottlenecks, and as a senior financial analyst specializing in fixed asset and expense accounting with responsibilities to Intel's worldwide accounting operations. He was admitted to the State Bar of New Mexico in 2002 and became an associate at one of New Mexico's largest law firms, Modrall Sperling, where he focused in commercial litigation. Mr. Fidel earned his B.A. degree from New Mexico State University, his M.B.A. degree from the University of New Mexico, and his J.D. degree from the University of Denver.

SCOTT P. HATCHER is a partner in Hatcher Law Group, PA. Since 1983, his work has emphasized many areas of insurance law litigation, including the defense of insureds in all types of third party claims. Mr. Hatcher's practice also emphasizes the representation of insurers in policy coverage disputes and bad faith claims. He has completed approximately 50 first chair trials, both jury and non-jury, for various insurance companies, self-insureds and governmental entities. Mr. Hatcher has been the lead counsel in several New Mexico and federal reported decisions. He is a member of the American Board of Trial Advocates (ABOTA), the Defense Research Institute, the New Mexico Defense Lawyers Association, the American Bar Association and the Federalist Society. Mr. Hatcher is licensed to practice in Washington and New Mexico, as well as before the Ninth and Tenth Circuit Courts of Appeal. He earned his B.A. degree from the University of Washington and his J.D. degree from Gonzaga University.

JAMES P. LYLE is a sole practitioner with the Law Offices of James P. Lyle, P.C., in Albuquerque, where he practices primarily in the areas of products liability; environmental contaminations; medical malpractice; employment; and civil rights claims on behalf of individuals, private businesses and governmental entities. He has spoken numerous times on general liability, civil practice, products liabilities, and other issues for various organizations. Mr. Lyle is a past adjunct professor with the University of New Mexico School of Law. He earned his B.S. degree, with distinction, from the University of New Mexico, College of Engineering and his J.D. degree from the University of New Mexico, School of Law.

QUENTIN F. SMITH is an attorney in the law firm of Sheehan & Sheehan, P.A., where he focuses his practice in employment and labor law and general civil litigation. He has successfully defended small and large employers against many types of claims, including discrimination, harassment and wrongful discharge. Mr. Smith is certified by the New Mexico Board of Legal Specialization as a specialist in employment and labor law. He is a member of the State Bar of New Mexico, the Albuquerque and American bar associations, and the New Mexico Defense Lawyers Association. Mr. Smith is admitted to practice before the Tenth Circuit Court of Appeals, the U.S. District Court of New Mexico, and the state courts of New Mexico. He earned his B.A. degree, magna cum laude, from Texas Christian University and his J.D. degree, summa cum laude, from the University of New Mexico School of Law in Albuquerque.

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

NM CLE: 6.00 Includes - Ethics: 1.00
This program has been approved by the New Mexico Minimum Continuing Legal Education for 6.0 hours of credit, including 1.0 hour of ethics.


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