FRE 803 Hearsay Evidence: Leveraging the Rules and Exceptions to Admit Evidence or Make Sustainable Objections

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


Conducted on Tuesday, June 20, 2017
Recorded event now available


This CLE webinar will review the scope of the Federal Rules of Evidence hearsay rules and the most common and complex exceptions. The panel will outline best practices for either getting evidence admitted or making sustainable objections. The panel will also discuss the applicability of hearsay rules in pre-trial motions and proceedings.

Description

One of the most commonly invoked and complex Federal Rules of Evidence concerns hearsay. FRE 801 defines hearsay as “a statement that the declarant does not make while testifying at the current trial or hearing; and a party offers in evidence to prove the truth of the matter asserted in the statement.”

Determining when a statement is offered to prove the truth of the matter asserted is not always a clear analysis. In addition, FRE 803 has multiple exceptions which counsel must master in order to either get hearsay evidence admitted or put forth a sustainable objection.

Counsel must also address hearsay evidence in pre-trial motions and proceedings. Litigators must strategically navigate the federal rules in responding to motions to dismiss, motions for summary judgment, and witness declarations and affidavits.

Listen as our authoritative panel of litigators discusses the scope of the federal hearsay rules, explains the most common and complex exceptions to the rule, and offers best practices for getting evidence introduced or making sustainable objections. The panel will also discuss how to approach hearsay evidence in pre-trial motions and proceedings.

Outline

  1. What is a hearsay statement?
  2. Common exceptions to hearsay rule
  3. The residual exception to the hearsay rule
  4. Best practices for getting hearsay admitted or making objections
  5. Applicability of hearsay rules in pre-trial motions and proceedings

Benefits

The panel will review these and other key issues:

  • What are the most common pitfalls associated with hearsay evidence?
  • When can hearsay be used for non-hearsay purposes?
  • What is the scope of the residual exception to the hearsay rule?
  • What are best practices for addressing hearsay in pre-trial motions and proceedings?

Faculty

Thad K. Jenks, Partner
Weinstein Tippetts & Little, Houston

Mr. Jenks is a trial lawyer whose practice has included a significant amount of noteworthy products liability work. He played an integral role defending a drug manufacturer after the most highly publicized drug recall in history. He also played a key role on the Texas team defending a tire manufacturer after the most famous recall in that industry. His practice has also included noteworthy cases in trademark infringement and construction defect law.

Chadwick A. McTighe, Member
Stites & Harbison, Louisville, K.Y.

Mr. McTighe is a member of the Business Litigation Service Group and the Class Action Defense and Appellate Advocacy teams. He represents clients in a wide range of business and commercial litigation matters, including extensive practice in class action litigation, shareholder and membership disputes, and fiduciary duty litigation.


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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

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

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