Rules of Evidence: Scope, applying hearsay, objections, authentication and more (Includes Ethics)

James W. Balmer
James W. Balmer
Duluth Trial Lawyers Falsani, Balmer, Peterson, & Balmer

Since 1973, Jim Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals in those areas. Jim lectures at various seminars, primarily in the area of trial tactics.

Debra Cruz
Debra Cruz
Levin Gann PA

Debra Cruz, originally from Ft. Lauderdale, Florida, received her Juris Doctor degree from the University of Florida. A graduate of the University of Florida With Honors, she also holds a Bachelor of Arts degree in Psychology. Ms. Cruz assumed the position of Managing Principal of Levin Gann PA, a full service law firm, effective January 2018.

Live Video-Broadcast: September 7, 2022

Rules of Evidence: Scope, applying hearsay, objections, authentication and more (Includes Ethics)

$245.00 5 hour CLE

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Program Summary

Session l - The Rules of Evidence – James W. Balmer

Attorneys prepared to try their cases usually secure the best outcomes for their clients. Familiarity with the Rules of Evidence is essential to proper trial preparation for any attorney. This presentation, aimed at new attorneys preparing to try their case to a jury, emphasizes the use of motions in limine at the final pretrial conference to successfully address the most difficult evidentiary issues before the evidence is placed before the jury, avoiding split-second response that is wrong more often than right.

Key topics to be discussed:

  • Scope of permissible expert opinion
  • The permissible scope of lay witness testimony
  • Foundation for out-of-court statements
  • Scope of the Rule against Hearsay

Session ll - Applying Hearsay Objections and Exceptions – Debra Cruz

This course covers hearsay and the formal exceptions to the Hearsay Rule, Fed. Rules of Evidence 803-807. Attorneys can expect to learn not only the exceptions, but when hearsay statements are admissible because the circumstances are considered trustworthy. We will provide tips on anticipating and minimizing hearsay objections and how to deal with hearsay in your direct examinations.

Key topics to be discussed:

  • FRE 801(d) exceptions – statements that are not hearsay
  • FRE 803 hearsay statements that are admissible
  • Hearsay problems when your client or the opposing party is deceased
  • Hearsay in medical records

Session lll – Authentication, Exhibits, and Courtroom Presentation – Debra Cruz

Presentation of evidence and provides practical tips on presenting and exhibiting evidence in the courtroom. The attorney will receive practical tips for preserving the admissibility of electronic/digital evidence and creative ways to trouble shoot common admissibility issues. The attorney will also receive tips on how to lay a foundation for business records, witness testimony and more.

Key topics to be discussed:

  • Technical methods of preparing and defending motions in limine
  • Rules regarding the use of demonstrative exhibits
  • Common mistakes in introducing evidence and testimony at trial
  • Presenting deposition records
  • Contemporaneous objection rule
  • Curtailing speaking objections
  • Instructing the jury to disregard information when an objection is sustained

Session lV – Ethics – Debra Cruz

Promoting efficiency and overall Fairness of the adversary process, working within time constraints, Federal rule 502(d) privileges, client communications, and abusing litigation tactics and how to deal with them.

Key topics to be discussed:

  • Facilitating efficiency, reliability, and overall fairness of the adversary process
  • Asserting and challenging privileges under rule 502(d)
  • Abusive litigation practices and their remedies
  • Keeping the Client Informed

This course is co-sponsored with myLawCLE.

Date / Time: September 7, 2022

  • 12:00 pm – 5:10 pm Eastern
  • 11:00 am – 4:10 pm Central
  • 10:00 am – 3:10 pm Mountain
  • 9:00 am – 2:10 pm Pacific

 

Closed-captioning available

Speakers

James-W.-Balmer_Duluth-Trial-Lawyers-Falsani,-Balmer,-Peterson,-&-Balmer_FedBarJames W. Balmer | Duluth Trial Lawyers Falsani, Balmer, Peterson, & Balmer

Since 1973, Jim Balmer has represented thousands of people in all kinds of litigation, including injury trials, workers’ compensation trials and hearings, Social Security Disability hearings, and appeals in those areas. He has handled car crashes, slips and falls, worksite injuries, defective product claims, dog attacks, liquor liability claims and other bodily injury matters. Jim lectures at various seminars, primarily in the area of trial tactics.

Jim is admitted to practice before all Minnesota and Wisconsin courts, both state and federal, and has tried cases throughout both states. He has argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals, headquartered in St. Louis.

His experience and familiarity with courtroom law results in Jim having been certified as a civil trial specialist by the National Board of Trial Advocacy since 1986, over 30 years. He has been certified in this specialty by the Minnesota State Bar Association since 1987, the first year the MSBA recognized such specialty certification.

Jim has been a member of the American Board of Trial Advocates, an invitation-only organization of experienced jury trial lawyers, since 2002. He holds the rank of Diplomate, one of only ten in Minnesota, and the only one north of the Twin Cities. Jim has been recognized as a Minnesota Super Lawyer in Plaintiff’s Personal Injury since 1997.

Jim is listed in the prestigious “Best Lawyers in America” as a personal injury specialist representing plaintiffs. This same listing service has recognized Jim as Duluth area Plaintiff’s Personal Injury Lawyer of the Year in 2017 and 2019.

Jim was named the 2010 Volunteer Attorney of the Year for the Sixth Judicial District by the Volunteer Attorney Program. The award recognizes the lawyer who has given most generously of his or her time and talents to provide free legal help to lower-income residents of northeastern Minnesota.

 

Debra-Cruz_Levin-Gann-PA_FedBarDebra Cruz | Levin Gann PA

Debra Cruz, originally from Ft. Lauderdale, Florida, received her Juris Doctor degree from the University of Florida. A graduate of the University of Florida With Honors, she also holds a Bachelor of Arts degree in Psychology. Ms. Cruz assumed the position of Managing Principal of Levin Gann PA, a full service law firm, effective January 2018.

Ms. Cruz began her private practice in Miami, Florida where she defended and prosecuted individuals and businesses in unfair competition, negligence and contract claims in the state and federal trial and appellate courts, and where her trial opinions have been published. She also volunteered as a Guardian Ad Litem, appointed by the courts to represent the needs of children in custody disputes involving claims of abuse. Ms. Cruz joined both the Maryland and Washington, D.C. bars in 1991.

Ms. Cruz concentrates her practice on domestic relations, zealously representing individuals who are involved in divorces or custody disputes, helping them obtain a fair and equitable division of marital property, child support, alimony, and access to or visitation with their children in the Maryland Courts and through mediation. She is a member of the Baltimore City and County Family Law Committees, and frequently lectures on recent developments in Maryland Family Law. She is a contributing editor and author to the MSBA’s 10th Edition of Maryland Divorce and Separation Law. Ms. Cruz is also a long-standing member of the Professional Ethics Committee of the Baltimore City and County Bar Associations and of the Attorney Grievance Commission of Maryland Peer Review Committee, where she assists in the resolution of citizen complaints about attorneys.

Agenda

Session l – The Rules of Evidence | 12:00pm – 2:10pm

  • What witnesses are not allowed to say to a jury | 12:00pm – 12:45pm
  • What expert witnesses are not allowed to share with a jury (Part l) | 12:45pm – 1:00pm

Break | 1:00pm – 1:10pm

  • What expert witnesses are not allowed to share with a jury (Part ll) | 1:10pm – 1:35pm
  • How to lay an adequate foundation for admissible out-of-court statements | 1:35pm – 2:10pm

Break | 2:10pm – 2:20pm

Session ll – Applying Hearsay Objections and Exceptions | 2:20pm – 3:05pm

  • FRE 801(d) exceptions – statements that are not hearsay | 2:20pm – 2:30pm
  • FRE 803 hearsay statements that are admissible | 2:30pm – 2:40pm
  • Hearsay problems when your client or the opposing party is deceased | 2:40pm – 2:55pm
  • Hearsay in medical records | 2:55pm – 3:05pm

Session lll – Authentication, Exhibits, and Courtroom Presentation | 3:05pm – 4:00pm

  • Technical methods of preparing and defending motions in Limine | 3:05pm – 3:10pm
  • Rules regarding the use of demonstrative exhibits | 3:10pm – 3:15pm
  • Common mistakes in introducing evidence and testimony at trial | 3:15pm – 3:20pm

Break | 3:20pm – 3:30pm

  • Presenting deposition records | 3:30pm – 3:35pm
  • Contemporaneous objection rule | 3:35pm – 3:45pm
  • Curtailing speaking objections | 3:45pm – 3:50pm
  • Instructing the jury to disregard information when objection is sustained | 3:50pm – 4:00pm

Session lV – Ethics | 4:00pm – 5:10pm

  • Facilitating efficiency, reliability, and overall fairness of the adversary process | 4:00pm – 4:15pm
  • Asserting and challenging privileges under rule 502(d) | 4:15pm – 4:30pm

Break | 4:30pm – 4:40pm

  • Abusive litigation practices and their remedies | 4:40pm – 4:55pm
  • Keeping the client informed | 4:55pm – 5:10pm