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
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.
Outline
- Cornerstone of all evidence: relevance, reliability and authenticity
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Proper procedures for authenticating and admitting exhibits
- Writings
- Photographs
- Emails
- Text messages
- Websites, including social media
- Business records
- Proper testimony—when may a lay witness testify to opinions or conclusions
- Original evidence rule and when it applies
- How to properly admit a summary
- Effective use of demonstrative exhibits
- 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
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
Ms. Ciancio’s practice specializes in high asset divorces and complex child custody disputes. She has over 14 years of experience exclusively in family law, and another four years prior as a Deputy District Attorney in Adams County. She is also a certified mediator conducting both mediations and arbitrations for parties with or without counsel. Ms. Ciancio currently serves as the Immediate Past Chair of the Colorado Bar Association's Family Law Section.
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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
Ms. Ammarell has been a domestic litigator for more than 15 years. She practices family law exclusively, handling cases statewide involving complex financial matters, the allocation of parental responsibilities, adoption, paternity, and grandparent rights. Ms. Ammarell has lectured throughout her career on a wide variety of topics, including adoptions, the use of experts in domestic courts, marital torts, and advocacy in the family law courtroom.
CloseThurman 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
Mr. Arnold is a Certified Family Law Specialist who has been practicing family law for over thirty years. He specializes in cases involving division of marital property, spousal support, child custody and many others. He is also adept at advising clients concerning matters of family relocation, non-parent custody rights, valuing or dividing professional practices and family businesses, and estate planning.
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