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.


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.


  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


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?


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.


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Customer Reviews

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

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Fitch Even Tabin & Flannery

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Litigation Advisory Board

David R. Cohen


Reed Smith

Jeffrey J. Fowler


O’Melveny & Myers

Jonathan Evan Goldberg



Mark E. Goodman


Capes Sokol Goodman & Sarachan

Dean D. Hunt


Baker & Hostetler

Michael E. Lackey, Jr.


Mayer Brown

Stephen Paffrath


Greenberg Traurig

Anthony T. Pierce


Akin Gump Strauss Hauer & Feld

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