This presentation provides litigators with a practical, strategy-focused overview of essential Federal Rules of Evidence encountered in modern litigation. Through selected rules governing relevance, hearsay, documents, judicial notice, and presentation of proof, the session emphasizes how evidentiary decisions affect case development from investigation through trial. The program is designed to enhance both advocacy skills and evidentiary judgment in real-world litigation settings.
- Why Evidence Rules Matter from Case Intake to Trial
- Overview of how the Federal Rules of Evidence shape litigation strategy from evaluating claims through trial and appeal.
- Setting the framework for the rules discussed in the session.
- Relevance and Exclusion of Evidence: FRE 401 and 403
- Explanation of relevance as a foundational evidentiary concept.
- Discussion of how courts balance probative value against unfair prejudice, confusion, and waste of time.
- Completing the Picture and Presenting Evidence Effectively: FRE 106 and 107
- Discussion of the Rule of Completeness and the strategic use of illustrative aids.
- Explanation of how advocates can prevent misleading presentations and assist the factfinder without creating unfair prejudice.
- Judicial Notice and Proof of Facts: FRE 201
- Examination of judicial notice, including what facts qualify and how and when notice may be taken.
- Discussion of the different consequences in civil versus criminal cases.
- Documents and the Best Evidence Rule: FRE 1002
- Review of when originals are required, and when duplicates or summaries may suffice.
- Examination of how litigators can manage voluminous records efficiently.
- Hearsay Foundations and Key Exceptions: FRE 801 and 803
- Analysis of hearsay definitions, non-hearsay exclusions, and commonly invoked exceptions.
- Exceptions to be discussed include business records, public records, medical treatment statements, and market reports.
- Authentication of Evidence: FRE 901
- Practical guidance on authenticating evidence through witness testimony, distinctive characteristics, handwriting, voice identification, and other commonly used methods.
- Discussion of how to authenticate in a meaningful way that advances case themes and theories.
- Summaries to Prove Content: FRE 1006
- Discussion of when to use summaries and how to use them effectively.
- Review of when originals are required.
- Examination of how litigators can manage voluminous records efficiently.
- Q&A (As Time Permits)
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Wilmington University School of Law
Veronica J. Finkelstein combines the best of practice and teaching, devoting herself to developing the next generation of top advocates. She is both an experienced litigator and a skilled educator with diverse scholarly interests. Finkelstein spent a majority of her career as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the Eastern District of Pennsylvania before transitioning to a full-time teaching role at the Wilmington University School of Law. She remains a Litigative Consultant to the U.S. Department of Justice, assisting with the Civil Division’s most complex cases. Read More ›
Guttman & Buschner, PLLC
Reuben Guttman is a founding member of Guttman & Buschner, PLLC where — in addition to mediating cases — his practice involves civil rights, whistleblowers, class actions and complex litigation. Read More ›
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Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.80 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 Substantive Law, Practice, and Procedure
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.50 General
Status: Approved
Credits: 1.80 General
This presentation is approved for one and a half hours of General CLE credit in California, one and a half hours of General CLE credit in Hawaii, one and a half hours of General CLE credit in Illinois, one hour of General CLE credit in Missouri, one and a half hours of General CLE credit in Nevada, one and a half hours of General CLE credit in North Carolina, one and a half hours of General CLE credit in Ohio, one and a half hours of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, one and a half hours of General CLE credit in Vermont, and one hour of General CLE credit in West Virginia. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.50 credit hours.
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