Understand how to introduce and effectively use evidence in depositions, trials, and motion practice.
Whether you represent plaintiffs or defendants, the key to success at depositions, motion practice, or trial is the effective use of evidence and witnesses. Ineffective presentation of witnesses and demonstrative evidence in depositions and trials are all too common, yet at the same time, easily avoided with proper planning and use of trial lawyer skills. This course provides practical tips and tactics to use with witnesses and to introduce testimony and demonstrative evidence in depositions, trials, and motion practice. This material will explain and detail specific methods of the best ways to introduce evidence and highlight pitfalls to avoid when presenting witnesses and evidence.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overall Issues to Consider and Evaluate for Witnesses and Documentary Evidence
- Relevance
- Admissibility
- Competency
- Lay Witness
- Expert Witness/Basis for Expert Opinions
- Hearsay
Use of Depositions at Trial
- Common Requirements
- Impeachment/Refreshing Recollection
- Use Against Adverse Party
- Unavailability of Deponent
- Proof Depositions/Offer of Proof
How to Effectively Introduce and Use Evidence With Lay and Expert Witnesses
- Preparing Witnesses
- Presentation of Evidence: Organizing Trial Exhibits and Using Charts, Illustrations, Pictures, and PowerPoints
- Use of Experts at Trial
Direct and Cross-Examination
- Tying to Theme of the Case and Summary Judgment Motions
- Direct Examination
- Cross-Examination
- Use of PowerPoint
Methods to Admit or Exclude Evidence
- Stipulation and Joint Exhibits
- Motions in Limine
- Objections
- Witnesses
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on May 24, 2022.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 65 Minutes.
- NM CLE 1.0
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.0 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OR CLE 1.0 including practical skills 1
- Approved for 1.0 CLE credits in Oregon, including practical skills for 1.00 hour.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.08
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.08 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Credit
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Randolph Smith
David Randolph Smith & Associates
- Partner in the office of David Randolph Smith & Associates
- Trial attorney for 44 years and was a professor of law at Vanderbilt Law School (1983 to1988), teaching torts, evidence, and professional responsibility
- Recognized by his peers as one of the best lawyers in America in personal injury litigation and as one of the best lawyers in Tennessee
- Member of the Plaintiffs’ Steering Committee (and Expert Committee) in the Allergan Biocell Breast Implant MDL
- J.D. degree, with honors, Order of the Coif, the University of Texas at Austin; B.A. degree, cum laude, Harvard University
- Can be contacted at 615-742-1775 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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