Evidentiary Challenges in Divorce Cases: Traditional and Electronic Communications

Authenticating, Admitting and Objecting to Admission of Evidence and Testimony

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

Conducted on Thursday, October 31, 2013

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 evidence in divorce cases. The panel will discuss laying the foundation for exhibits, review authenticating and introducing different types of evidence, and identify ways to restrict evidence and testimony.

Description

A working knowledge of the intricacies of the rules of evidence is a must for family law practitioners to achieve a successful result in any contested court proceeding. Counsel must be able to properly lay the foundation for and correctly introduce evidence in divorce cases.

Counsel must utilize proper procedures for authenticating and admitting exhibits, from writings to photos, emails, text messages and websites, including social media. Developing effective approaches for restricting improper evidence, making proper objections, and setting forth offers of proof is 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. Cornerstone of all evidence: relevance, reliability and authenticity
  2. Proper procedures for authenticating and admitting exhibits
    1. Writings
    2. Photographs
    3. Emails
    4. Text messages
    5. Websites, including social media
    6. Business records
  3. Proper testimony—when may a lay witness testify to opinions or conclusions
  4. Original evidence rule and when it applies
  5. How to properly admit a summary
  6. Effective use of demonstrative exhibits
  7. The hearsay rule and common exceptions used in a family law case

Benefits

The panel will review these and other key questions:

  • What is the proper procedure for authenticating and admitting different types of exhibits?
  • When can a lay witness testify to opinions or conclusions and when not?
  • What common exceptions to the hearsay rule may be used in a family law case?
  • What is the original evidence rule and when does it apply?
  • What are the unique challenges and solutions to introducing and authenticating electronic evidence?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Ciancio, Cynthia
Cynthia L. Ciancio
Shareholder
Ciancio Ciancio Brown

Ms. Ciancio’s practice specializes in high asset divorces and complex child custody disputes. She has over 14...  |  Read More

Laura L. Ammarell
Laura L. Ammarell
Founding Partner
Ammarell Deasy

Ms. Ammarell has been a domestic litigator for more than 15 years. She practices family law exclusively, handling...  |  Read More

Thurman W. Arnold, III, CFLS
Thurman W. Arnold, III, CFLS
Founding Partner
Thurman Arnold Law Office

Mr. Arnold is a Certified Family Law Specialist who has been practicing family law for over thirty years. He...  |  Read More

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