Trial Evidence

Audio

Learn while you’re on the go. Listen to the Trial Evidence Committee’s audio recordings on this archive page.

SOUND ADVICE

Purchase Price Adjustment Disputes
Disputed adjustments to the purchase price of acquisitions are often adjudicated in a unique ADR format in front of an independent accountant. In this program, Josh Johnston briefly describes these disputes and the adjudication format, and how trying cases and presenting evidence within them can be unique. (11:26)

Five Tips for Drafting Effective Requests for Admission
By Camalla Guyton | February 9, 2020
In this Sound Advice from Camalla Guyton, learn how drafting effective requests for admission can be helpful at trial.

How to Present Complex Accounting Claims to a Judge and Jury
By Todd Menenberg | February 4, 2020
In this Sound Advice, Todd Menenberg discusses presenting complex accounting claims when opining on damages. He first discusses the types of litigation where these accounting issues arise and offers tips on how to effectively present them.

30(b)(6) Testimony at Trial
By Jenn Routh | July 29, 2019
How can trial lawyers use 30(b)(6) testimony at trial?  Jenn Routh has some sound advice.

Five Tips for Authenticating Documents During Depositions
By Camalla Kimbrough Guyton
Five quick tips for young lawyers for authenticating documents during depositions.

Authenticating ESI under FRE 901 and 902
By Ashley Heilprin
Quick tips on methods for authenticating and opposing proffered electronically stored information under the Federal Rules of Evidence.

Introducing Emails at Trial Under the Business Records Exception to the Hearsay Rule
By Ashley Heilprin
Emails are a frequently used form of communication but may be objected to on the basis of hearsay. One way to try to introduce emails is through the business records exception to the hearsay rule.

Four Easy Things You Can Do to Dramatically Reduce the Risk of a Technical Problem Trial
By Shannon Bales
Trial teams are often embarrassingly tripped up at trial by their technology. Take these “easy things" you can do to reduce risk and present better in the courtroom.

Managing Judicial Notice
By Michael R. Lied
Two recent cases analyze the issue of judicial notice and provide guidance for litigators.

Social Media Evidence in Court
By Ryan Ellis
This program discusses the practical court hurdles to overcome in admitting social media evidence at trial. With social media becoming more and more common, this is a tool needed by every litigator. (12:22 min)

Three Things Not to do When Defending a 30(b)(6) Deposition
By Helene Hechtkopf
Helene Hechtkopf covers the top three mistakes to avoid when defending a Rule 30(b)(6) deposition. (05:45 min)

Summary Judgment Evidence
By James A. King
The program discusses the evidence that may be considered in supporting or opposing a summary judgment motion. (15:42 min)

Forensic Data Collection
By Grant A. Davis-Denny
What should you do in the wake of a data breach? Grant Davis-Denny addresses the importance of forensically sound collection methods and application tips. (9:02 min)

Tips for the Procrastinator
By Ian Fisher
You’re late with your privilege log—no big deal? Ian Fisher explains how it can become a huge deal but also how a little cooperation can be a procrastinator’s best tool. (7:26 min)

Lessons in Evidentiary Issues
By Hon. Joseph F. Anderson Jr.
Listen as a U.S. district judge with 27 years of experience in the courtroom, discusses what he views as the most troublesome evidentiary issues. (13:05 min)

Adverse Inferences in Civil Cases When a Witness “Takes the Fifth”
Listen as longtime litigator Ron Kammer discusses the potential impact of a witness asserting his or her Fifth Amendment rights at trial. He also cites many key cases that can save you valuable research time. (07:35 min)

ROUNDTABLES

Hot Topics in Social Media Discovery for Litigators
This Roundtable, featuring Magistrate Judge Dana Douglas, ESI and legal technology expert Tom O'Connor, labor and employment litigator Amy Stewart and commercial litigator Ashley Heilprin discusses hot topics in social media discovery. The discussion includes an overview of the types of “new” social media/electronic data available that may be relevant to particular cases; data collection tips, including crafting and responding to discovery requests; advising clients regarding preservation, discovery, and social media posts in litigation; and planning ahead for how to "get the dirt in." (50:38)

Practical Tips for Your First Trial
This Roundtable discusses practical tips for preparing for and conducting your first trial. Blanca Young of Munger, Tolles & Olson, Michael Young of Parsons Behle & Latimer, and James King of Porter, Wright, Morris & Arthur cover the core steps of pretrial preparation and presentation in court, with a focus on practical advice for newer attorneys. (1:02:43 min.)

"Know Your Gatekeeper": How to Ensure Admission of Scientific Opinion Evidence in Your Jurisdiction
Twenty-four years after Daubert, the standard for admission of scientific opinion evidence in state courts is anything but uniform. From Frye to Daubert to hybrid-mixes, each state has its own standard. Hear from an experienced panel of trial lawyers and judges how to find the right expert for the forum. (58:23 min.)