Rethinking Evidence: Mastering the Federal Rules of Evidence at Trial

Course Description

This course will provide a framework for considering the rules of evidence, provide a detailed discussion of the various evidentiary rules, including expert testimony, and discuss when and how to make evidentiary objections.

Principles

• Evidence Must Meet the Rules of Admissibility
  • Every piece of evidence should be evaluated for relevance, reliability, authenticity, and compliance with the Federal Rules of Evidence before it is presented at trial.
• Build a Framework for Strategic Evidence Decisions
  • Effective trial advocacy requires understanding not only what evidence is admissible, but also how evidentiary rules influence case strategy, witness examination, and the presentation of proof.
• Use and Challenge Evidence Effectively
  • Lawyers should know when and how to make evidentiary objections, respond to opposing objections, and lay the proper foundation for exhibits, demonstratives, expert testimony, and witness testimony.
• Present Persuasive and Credible Proof
  • Successfully presenting evidence requires selecting the appropriate form of proof—whether documentary, demonstrative, expert, or fact witness testimony—and ensuring it is both legally admissible and persuasive to the finder of fact.

Syllabus

1. What is evidence?
2. Evidence framework
3. Elements of admissibility
4. Demonstratives
5. Percipient Fact Witnesses and Experts
6. Objections