The "facts of the case" are what the jury is going to believe at the end of the trial.  What they believe will depend on the evidence you can get in and keep out.  This insightful video and accompanying written material use the Federal Rules of Evidence as a guide.

Comparison of all Evidence courses: Evidence I and II cover how to present evidence at trial, how to get documents in or keep them out.  Evidence Exhibits and Experts covers the rules of evidence and how to use them to your advantage.

Click below description to view an excerpt from:  Trying Cases to Win, Evidence, Exhibits & Experts that discusses proper authentication and laying a foundation.

Key Points Covered:

• How you can use the rules of evidence to get your evidence admitted
• How you can use the rules of evidence to keep your adversary's evidence out
• What rules you can use to get in evidence that would otherwise be inadmissibile because it's outright hearsay
• How you can make your evidence uncross-examinable
• How to use the rules of evidence to develop deposition strategies

Detailed Course Outline

DISK 1

The importance of using the rules correctly

Rule 401 - Relevant evidence admissible

Rule 402 - Irrelevant evidence inadmissible

Rule 106 - The rule of completeness

Rule 104(a) - Questions of admissibility generally

Rule 104(b) - Relevancy Conditioned on Fact

Rule 802 - Hearsay not admissible

DOOR OPENERS - THE 803 SERIES

Rule 803 - Hearsay Exception

Rule 803(2) - Excited Utterances

Rule 602 - Lack of personal knowledge

Rule 803(1) - Present sense impression

Rule 803(4) - Statements for purposes of medical diagnosis or treatment

Rule 803(3) - Then existing mental, emotional or physical conditions

Rule 803(8) - Public records and reports

Rule 803(5) - Recorded recollection

Rule 803(6) - Records of regularly conducted activity

LAYING A FOUNDATION

Rule 901(a) - Requirement of authentication and identification general provision

Rule 901(b) - Requirement of authentication and illustrations

Rule 901(B)(1) - Testimony of witness with knowledge Exhibits at Trial Edmundson v. Officers

Roe, Dow, & Moe case file

Video Demonstration by Marietta Robinson

DISK 2

Exhibits at trial, Edmundson Case, continued demonstration voir dire of the witness by Mike Fontham opposing the offer of the photograph into evidence

Rule 901(b)(4) - Illustrations - Distinctive Characteristics and the like

Rule 406 - Habit & custom

DOOR OPENERS - RULE 801 STATEMENTS WHICH ARE NOT HEARSAY

Rule 801(d)(1) and 801(d)(2)

Rule 801(d)(1)(A) - Prior statement by witness - inconsistent with testimony

Rule 105 - Limited admissibility

Rule 801(d)(1)(B) - Prior statement by witness - consistent with testimony

Impact of this rule on strategy for taking deposition of witness

Rule 801(d)(1)(C) - Prior statement by witness - identification

Rule 801(d)(2)(A) - Admission by party-opponent - Party's own statement

Impact of rule for strategies for depositions of adverse parties

Rule 801(d)(2)(B) - Admission by Party-opponent - adoption

Rule 801(d)(2)(e) - Admission by party-opponent - authorized

Rule 408 - Compromise and offers to compromise

Rule 801(d)(2)(D) - Admission by party-opponent - Statements by agents of parties

Rule 801(d)(2)(E) - Admission by Party-opponent - Co-conspirator

Rule 806 - Attacking and supporting credibility of declarant

Rule 805 - Hearsay within hearsay: the "totem pole rule"

DOOR OPENERS - THE 804 SERIES

Rule 804(a) - Definition of unavailability

Rule 804(b) - Hearsay Exceptions

Rule 804(b)(2) - Hearsay Exceptions - Statement under belief of impending death

Rule 804(b)(3) - Hearsay Exceptions - Statement against interest

Rule 804(5), 803(24) - The catchall exceptions

DOOR CLOSERS

Rule 403 - Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time

Rule 407 - Subsequent Remedial Measures

Rule 602 - Lack of Personal Knowledge

People v. Boland - Applying the rules of evidence to a case file

DISK 3

General Review of how to use the rules

Rule 105 - Limited admissibility

How to use the rules to protect your case for appeal

Rule 804(B)(1) - Use of prior testimony in unrelated cases

MOTIONS IN LIMINE

Rule 104(c) - Preliminary questions - hearing of jury

Rule 103(c) - Rulings on evidence - hearing of jury

Rule 103(a)(1) - Rulings on evidence, effect of erroneous ruling - objection

Rule 103(a)(2) - Rulings on evidence, effect of erroneous ruling - offer of proof

EXPERTS AT TRIAL

Fromer v. Wilson - analysis of case file and application of the rules of evidence

700 Series - Opinions & expert testimony

Rule 701 - Opinion testimony by lay witnesses

Rule 702 - Testimony by experts

Rule 704 - Opinion on ultimate issue

Rule 703 - Basis for the expert's opinion

Video demonstration - Motions in limine, stipulation and opening statements in Fromer v. Wilson

DISK 4

Video Demonstrations: Direct & Cross-examination of dentist expert in Fromer v. Wilson

Use of the 700 series - opinions of experts

Direct examination of expert witness - How to lead with out leading

Video demonstration: Cross-examination of an expert witness

Impeaching the expert witness - use of rule 613(a)

Viewing Time: 6 hours