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Authenticating and Admitting Evidence in Divorce

presented by NBI, Inc.
View the NBI, Inc. Profile and Course Listings

Summary

Authenticating and Admitting Evidence in Divorce

Workshop Description/Agenda

Skillfully Handle Authentication and Admission of Evidence in Divorce

Are you confident you can successfully navigate through the latest rules to get your key evidence admitted in a divorce case? Social media, smartphones and other electronic evidence are changing the way divorce discovery has to be done. This strategic course will guide you through this evolving area of divorce with effective techniques to help you succeed at getting essential evidence authenticated and admitted. Register today!

  • Explore techniques for getting critical evidence authenticated outside of standard criteria guidelines.
  • Discover how applicable hearsay challenges and exceptions can effectively be used in your divorce case.
  • Uncover some of the top mistakes made in obtaining essential social media email and text evidence - and how to avoid them!
  • Learn how to prove that electronic messages are genuine and have not been altered.
  • Examine how to qualify a testifying expert witness that is important to your case.

Agenda

10:00 am to 5:00 pm Eastern Standard Time

  1. Rules, Procedures and Changes You Need to Know
    10:00 - 10:45, Gregory D. Golden
    1. Evidence Rules and Procedures for Getting Evidence Authenticated and Admitted
    2. A Look at Recent Changes, New Developments and Emerging Issues
  2. Key Strategies to Get Your Evidence Admitted and Keep Theirs Out
    10:45 - 11:45, Tifanne E.E. Wolter
    1. Strategy for Getting Evidence Authenticated Beyond Set Criteria Guidelines
    2. Accumulation of Evidence to Prove Authenticity
    3. Negotiating Stipulations with Opposing Counsel for Admission of Evidence
    4. Is Your Prima Facie Evidence Refutable?
    5. Use of Interrogatories to Authenticate Evidence
    6. Successfully Using Motions in Limine
  3. Analyze Applicable Hearsay Challenges and Exceptions - How Can They Be Used in Your Divorce Cases?
    12:00 - 1:00, Daniel J. Hoff
    1. Getting Business Records in Without Calling in the Records Custodian, Bank Manager, Etc.
    2. Admitting or Excluding Medical or Mental Health Records
    3. Getting Crucial Statements in as Party Admissions
    4. Children's Statements to Establish Abuse, Neglect or Custody
    5. Top Hearsay Mistakes in Family - How to Recognize and Avoid Them
  4. Social Media, Email and Text Evidence: The Complexity of Obtaining and Authenticating
    1:30 - 2:45, Gregory D. Golden
    1. Authentication of Smartphone, Text, Photo, Email, Social Media, Video and Other Important ESI
    2. Metadata Requests - Getting All of the Information You Need
    3. Don't Make Rookie Mistakes - Dig Deeper Into ESI
    4. What to Look for in Social Media Evidence: Authentication Issues
    5. Can E-Discovery be Considered Hearsay?
    6. Proving a Message Was Not Manipulated (Text, Social Media, Picture)
    7. Finding and Proving Distinctive Characteristics
    8. Top Strategies for Uncovering Disappearing Evidence (Snapchat, Vaporstream, Wickr, Etc.)
  5. Expert Witness Admissibility Problems - Valuation Experts, Psychologists, Vocational Experts and More
    2:45 - 3:45, Daniel J. Hoff
    1. When is Your Consulting Expert Discoverable?
    2. Qualifying the Testifying Expert or Rejecting an Expert Witness
    3. Dual-Capacity Experts
    4. Establishing Credibility of the Witness
    5. Using Witness Testimony to Your Advantage
    6. Admission of Related Evidence
    7. Challenges Based on the Experts Bias and Methodologies
    8. Expert Opinion: Is it Hearsay?
  6. Legal Ethics
    4:00 - 5:00, Tifanne E.E. Wolter
    1. Working with Potentially Prejudicial Evidence
    2. Improperly Obtained Evidence
    3. Attorney-Client Privilege
    4. Handling Client Misconduct
    5. Client Communication

Who Should Attend

This course is designed for attorneys. Paralegals may also benefit from attending.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Divorce

Training Course Summary: Authenticating and Admitting Evidence in Divorce


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