Admissibility of Evidence at Trial: Overcoming the Challenges of Authentication, Relevance, Foundation and Hearsay

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, April 25, 2017
Recorded event now available


This CLE webinar will provide trial counsel with best practices for getting evidence admitted at trial, authenticating the evidence, proving its relevancy, establishing foundation and overcoming hearsay objections.

Description

Evidentiary challenges largely center around the hearsay rules. Counsel must be able to successfully navigate hearsay evidence in pretrial motions and proceedings. Litigators must strategically approach the federal rules in responding to motions to dismiss, motions for summary judgment, and witness declarations and affidavits.

After hearsay, one of the most often cited rules of evidence is Rule 403—the prejudicial nature of the evidence. Other reasons for the exclusion include confusion of the issues, misleading the jury and undue delay.

Finally, foundation of evidence which is critical. This can include authentication of electronic discovery, social media sites, scene or product re-creations by experts, and foundations needed for animations, timelines, diagrams and other demonstrative evidence.

Listen as our authoritative panel of litigators discuss effective strategies for getting evidence admitted at trial, authenticating the evidence, proving its relevancy, establishing foundation and overcoming hearsay objections.

Outline

  1. Relevance
  2. Hearsay
    1. Common exceptions to hearsay rule
    2. Residual exception to the hearsay rule
    3. Getting hearsay admitted or making objections
  3. Authentication
  4. Foundation
  5. Exclusion of evidence
    1. Rule 403: undue prejudice

Benefits

The panel will review these and other key issues:

  • What issues have proven most difficult for courts considering the authentication of evidence, particularly electronic media evidence?
  • What are the most common pitfalls associated with hearsay evidence?
  • What is the scope of the residual exception to the hearsay rule?
  • What are effective arguments under Rule 403 for getting evidence excluded for undue prejudice?

Faculty

Ryan W. Babcock, Of Counsel
Freeman Mathis & Gary, Atlanta

Mr. Babcock represents companies in lawsuits involving medical device products liability claims, and represents companies in commercial disputes. He represents clients facing claims in state and federal courts throughout the country, including class actions, multi-district litigation, mediation, and managing large e-discovery matters. His experience includes products liability defense and the defense of health care organizations in government False Claims Act investigations and qui tam lawsuits. He has substantial experience in all phases, including trials, of cases involving the transportation and trucking industries, automotive products liability claims, asbestos litigation, environmental property damage and personal injury claims, as well as product defect claims involving pharmaceutical drugs.

Morgan C. Smith, President
Cogent Legal, Oakland, Calif.

Mr. Smith has over 23 years of experience as an attorney, with 17 of those years litigating high-value cases. He combined his litigation background with strong creative and visual communication skills to found his firm, a litigation graphics and trial strategy firm that develops visual presentations for attorneys to make their best case at trial.


Recordings

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CLE On-Demand Video $297.00

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Webinar

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Program Materials

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Program Materials

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Customer Reviews

I appreciated that the materials and presentations were well organized.

Lisa Cipriano

Eimer Stahl Klevorn & Solberg

I liked that practice tips were given from both a plaintiff's and defendant's aspect.

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Fitch Even Tabin & Flannery

The teleconference contained information that was relevant, useful and up-to-date.

Mark Hegedus

Spiegel & McDiarmid

Excellent presentations.

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Locks Law Firm

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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

Vandenberg & Feliu

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

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