Evidentiary Challenges in Divorce: Authenticating Writings, ESI, Texts, Social Media, Webcam Video, Lay Opinions

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


Conducted on Tuesday, January 19, 2021

Recorded event now available

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Program Materials

This CLE webinar will provide family law counsel with approaches for defending the admissibility of challenging documentary and testimonial evidence in divorce cases. The panel will discuss laying the foundation for exhibits, authenticating and introducing different types of evidence, and identifying ways to restrict evidence and testimony.

Description

Understanding the intricacies of the rules of evidence is a must for family law practitioners to achieve a successful result in contested court proceedings. With personal information about parties available via an ever-expanding number of social networking sites and new methods of communication, counsel face evolving demands.

Authentication is becoming increasingly important as manipulating electronic data has become easier to accomplish and harder and harder to detect absent review by experts.

Practitioners must utilize proper procedures to authenticate everything from emails, text messages, and social media. Counsel need to understand when lay witnesses can provide opinions, the changing scope of the original evidence rule and self-authentication issues, and special hearsay issues. Developing effective approaches for restricting improper or even manipulated evidence, making proper objections, and setting forth offers of proof are also critical.

Listen as our panel of family law practitioners discusses best practices to prepare evidence for admission at trial and outlines strategies for restricting improper evidence. The panel will offer their insights into making proper objections and offers of proof.

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Outline

  1. The three "Rs" of admissibility
  2. Authentication and admission of common types of paper and electronic materials
  3. Admissibility of lay opinions and testimony
  4. Original evidence rule and self-authenticiation
  5. Special issues with hearsay

Benefits

The panel will review these and other key issues:

  • The proper procedure for authenticating and admitting different types of exhibits
  • When a lay witness can testify to opinions or conclusions and when not
  • Common exceptions to the hearsay rule that may be used in a family law case
  • The original evidence rule and when it applies
  • Unique challenges and solutions to introducing and authenticating electronic evidence

Faculty

Djordjevich, Christina
Christina E. Djordjevich

Partner
Walzer Melcher

Ms. Djordjevich is a skilled litigator with substantial experience in both family law and commercial litigation. Prior...  |  Read More

Wilkinson, David
David K. Wilkinson, CFLS, AAML

Co-founder
Wilkinson & Finkbeiner

Mr. Wilkinson practices family law for the firm, handling all facets of the practice area, from straightforward...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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