Audio CD + Course Book

The Rules of Evidence: A Practical Toolkit

Audio CD + Course Book

Copyright Date:

June, 2018

Product ID#:


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
From Event: The Rules of Evidence: A Practical Toolkit, held June 2018.

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. 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. Admission/Exclusion of Unique Evidence
  7. Presenting to the Judge and Jury
  8. 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

Agenda / Content Covered

    9:00 - 9:45, Jacqueline Cooper Smoke
    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?
    9:45 - 10:15, Todd Buchanan
    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
    10:30 - 11:15, Marcus R. Chatterton
    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
    11:15 - 12:00, Robert L. Gorham
    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
    12:00 - 12:45, Robert L. Gorham
    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
    1:45 - 2:30, Tony Graffeo
    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
    2:30 - 3:15, Brandon T. Bishop
    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
    3:30 - 4:30, Craig Alexander
    1. Spoliation, Preservation and Missing Evidence
    2. Lawyers as Witnesses
    3. Handling Highly Prejudicial Evidence
    4. Talking to Witnesses Before They Testify
    5. Privileges Under Rule 502(d)

CRAIG ALEXANDER is a partner in the Birmingham, Alabama office of Rumberger Kirk & Caldwell and has 36 years of experience as a civil litigation attorney. Mr. Alexander is admitted to practice in all courts in the state of Alabama, in the U.S. Court of Appeals for the Eleventh Circuit, and the U.S. Supreme Court. In addition to his law practice, he is an adjunct law professor at the University of Alabama School of Law, where he teaches Alabama civil practice and procedure. Mr. Alexander’s practice includes the representation of attorneys in bar disciplinary matters and the counseling of bar applicants with potential character and fitness issues. He regularly speaks on the subject of legal ethics and professionalism, including during the mandatory professionalism course required of newly admitted members to the Alabama State Bar. He is a member of the Association of Professional Responsibility Lawyers, the ABA Center for Professional Responsibility, the Defense Research Institute's Lawyers' Professionalism and Ethics Committee, and the Alabama Defense Lawyers Association (district director and as a member of the Amicus Curiae Committee). Mr. Alexander earned his undergraduate degree from the University of Alabama and his J.D. degree from the George Washington University National Law Center.

BRANDON T. BISHOP is an attorney with the Alexander Shunnarah Injury Attorneys, P.C., where he heads up the litigation group. He currently handles automobile, trucking, road construction, and insurance bad faith cases on behalf of injured persons. A former defense lawyer, Mr. Bishop has tried more than 75 jury trials throughout the state of Alabama and has been consistently named by The Alabama Jury Verdict Reporter as one of "The Most Prolific Trial Attorneys in Alabama." He has also been selected by his peers for inclusion in the 2011, '12 & '13 Alabama Rising Stars lists complied by Super Lawyers, as well as, Birmingham Magazine's Top Attorneys 2011, '12 & '13. Mr. Bishop is a frequent presenter for National Business Institute, including "Managing Liens and Subrogation in Auto Accident Litigation" (2010, '11 & '12); as well as "Litigating Low-Impact Collision Cases" (2010, '11 & '12). He earned his B.S. degree from Auburn University and his J.D. degree from the University of Alabama School of Law.

TODD BUCHANAN joins Alexander Shunnarah Injury Attorneys, P.C., from Gaines, Gault, Hendrix, P.C. where he practiced civil insurance defense for four years. While a defense attorney, he tried numerous jury trials throughout the State of Alabama. Mr. Buchanan practices personal injury law, including premises liability, motor vehicle negligence, wrongful death and trucking cases. He earned his undergraduate degree from Colorado State University and his J.D. degree from Cumberland School of Law. Mr. Buchanan is admitted to practice in all state courts in Alabama, as well as the U.S. District Court for the Northern District 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 e-discovery 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.

JACQUELINE COOPER SMOKE is the owner and managing attorney of Smoke Law, L.L.C. She is licensed in the state of Alabama to practice law in all state and federal courts. She has general practice with an emphasis on complex civil and criminal litigation. Ms. Smoke practices Social Security disability law and has enjoyed success with claimants throughout Alabama, including claimants in Montgomery, Selma, and Birmingham. Her professional legal experience includes complex civil cases involving wrongful death and serious personal injury, employment discrimination and products liability. Ms. Smoke has tried many civil and criminal cases and practices in both state and federal court. She began practicing Social Security disability law when a personal injury client persisted in requesting that she becomes her representative. Ms. Smoke began her career legal practicing with Beasley, Allen, et al. in Montgomery, Alabama in their commercial litigation section. She has also practice many years with another law firm and worked as an assistant district attorney, for the Bessemer Division of Jefferson County Alabama. Ms. Smoke served as a temporary probate judge in Montgomery County; and is a professor at the Birmingham School of Law, where she has taught torts, evidence, legal research, criminal procedure, and lawyering skills. She is an also an engineer with almost 10 years of experience with Alabama Power Co., as a distribution and transmission engineer. Ms. Smoke served as the electric operations manager for Bessemer Utilities in 2010. She is a two time graduate of The University of Alabama with a Bachelors of Science in electrical engineering from the College of Engineering and a Juris Doctorate from The University of Alabama School of Law. Ms. Smoke is an active member of the Alabama State Bar, The Birmingham Bar Association, Alabama Association for Justice, and NELA Alabama.

ROBERT L. GORHAM is the managing member of Gorham & Associates, LLC, in Birmingham, Alabama. Mr. Gorham focuses his practice primarily on issues involving trucking and automobile wreck litigation. He graduated with his B.A. degree from the University of Tennessee and earned his J.D. degree from the University of Tennessee College of Law.

TONY GRAFFEO is the managing attorney at the Huntsville offices of Alexander Shunnarah Injury Attorneys, P.C., where he concentrates on litigation of motor vehicle collision cases and other personal injury matters. He also has extensive experience litigating cases involving defective products such as medical devices, pharmaceuticals and automobiles; medical negligence cases such as delayed diagnosis of cancer, birth injuries and nursing home abuse; and premises liability cases involving dangerous and defective areas in restaurants, retail stores, hospitals, parking decks and other areas. Mr. Graffeo is a member of the Alabama and Tennessee State bars, the Huntsville-Madison County Bar Association, the Birmingham Bar Association, the American Association for Justice and the Alabama Association for Justice. He earned his undergraduate degree from the University of Notre Dame and his J.D. degree from the University of Alabama 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


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Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702