Summary Judgment Evidence: Recognizing, Introducing, and Curing Evidence in Inadmissible Form
Strategies to Avoid Conflating the Evidentiary Standard on Summary Judgment With the Evidentiary Standard at Trial
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss what practitioners should know about the unique and overlooked evidentiary standards on summary judgment if they want to give themselves--and their clients--the best chance of prevailing at the summary judgment stage. The program will also review analogous evidentiary issues that frequently arise in bench trials.
Outline
- Evidentiary standards at trial
- Evidentiary standards at summary judgment stage
- Interplay between evidentiary standards and burdens of proof
- Authentication and hearsay issues
- Depositions
- Affidavits, declarations, and exhibits
- Expert testimony
- Inferences
- Objection strategies
- Evidentiary issues in bench trials
Benefits
The panel will review these and other key issues:
- Why is the evidentiary standard different at summary judgment?
- What types of "inadmissible" issues can and cannot be corrected before trial?
- How does the standard affect the use of affidavits at summary judgment?
- What evidentiary standards apply at bench trials?
Faculty
Kristen DeWilde
Attorney
Williams & Connolly
Ms. DeWilde earned her J.D. from the University of Pennsylvania Law School, where she was a Levy Scholar and... | Read More
Ms. DeWilde earned her J.D. from the University of Pennsylvania Law School, where she was a Levy Scholar and graduated summa cum laude. She was awarded Order of the Coif and was the recipient of the David Werner Amram Prize, the Edwin R. Keedy Law Review Award, and the George Shechtman Prize. Ms. DeWilde received her B.A. and B.B.A. from the University of North Texas, graduating summa cum laude. While in law school, she served as Comments Editor of the University of Pennsylvania Law Review and was a research assistant to Professors Herbert Hovenkamp, Jean Galbraith, and Kermit Roosevelt III.
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John McNichols
Partner
Williams & Connolly
Mr. McNichols focuses his practice in trial litigation, with emphasis in trade secret disputes involving... | Read More
Mr. McNichols focuses his practice in trial litigation, with emphasis in trade secret disputes involving technology companies. He has multiple clients in the Dulles Technology Corridor, including Appian and Vercara. Mr. McNichols has tried multiple civil cases in both state and federal court, representing both plaintiffs and defendants. Outside of his civil trial practice, Mr. McNichols has also represented criminal defendants in multiple matters, including a recent conspiracy trial in federal court in Maryland resulting in a jury acquittal. He is an Adjunct Professor of Evidence at the Antonin Scalia Law School at George Mason University, a member of the Continuing Legal Education Committee of the DC Bar, and an Associate Editor of Litigation News, where he writes the quarterly column on technology and the law.
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