Foundations, Evidence & Objections: Laying Foundations, Introducing Evidence, Objecting to Evidence, and Preserving the Record on Appeal

March 24, 2011
9:00 a.m. – 12:45 p.m.
3.50 MCLE hours, including 0.50 approved Professional Responsibility MCLE credit hours
Presented by Tort Law

Chicago
ISBA Chicago Regional Office
20 S. Clark St, Suite 900
(map and directions)

Improve your trial practice skills by attending this half-day seminar for a comprehensive overview of tort litigation. Laying foundations, introducing evidence, and responding to objections are some of the most basic facets of a lawyer’s professional role, yet these tasks can often be the most difficult part of the trial process. This program covers relevant topics, including: presenting motions in limine; creating effective opening statements; jury selection; submitting material evidence; expert witnesses; offers of proof; avoiding reversible error; demonstrative evidence; ethical considerations; and much more! Both young attorneys just starting out and experienced attorneys needing a trial practice refresher will benefit from the information presented at this program.
 
 
Program Coordinator/Moderator:
John L. Nisivaco, Boudreau & Nisivaco, LLC, Chicago
 
 

Agenda

9:00 – 9:30 a.m. Written Objections – Motions in Limine
Submitting written objections to the court before the start of a trial is often a necessary part of an attorney’s trial preparation. This segment offers successful strategies for drafting and presenting motions in limine, including standard motions, motions to bar, and motions for admissibility
Robert R. McNamara, Johnson & Bell, Ltd., Chicago
David C. Wise, Burke, Wise & Morrissey, LLC, Chicago
 
9:30 – 10:00 a.m. Trial Preparations
Trial preparation is the most important component of a successful trial practice. This segment examines several preparatory aspects of the trial process – from objecting during depositions and preserving issues by making a record…to creating effective opening statements, using exhibits, and adhering to the voir dire process.
  • 9:30 – 9:45 a.m. Deposition Objections
    Martin J. O’Hara, Much Shelist Denenberg Ament & Rubenstein, P.C., Chicago
  • 9:45 – 10:00 a.m. Jury Selection & Opening Statements
    Thomas F. Boleky, Beutel, Hurst & Boleky, LLC, Chicago
10:00 – 10:30 a.m. Laying Foundations
Using material evidence to lay the foundation of a case is a significant part of the trial process. In this segment, the speakers provide actual demonstrations of laying foundations for medical records and bills, statements, tape recordings, photographs, accident diagrams and reconstructions, business records, and medical literature. Impeachment and refreshing a recollection is also examined.
Lisa M. Taylor, Lewis, Brisbois, Bisgaard & Smith, LLP, Chicago
David P. Huber, The Healy Law Firm, Chicago
 
10:30 – 10:45 a.m. Break (refreshments provided)
 
10:45 – 11:15 a.m. Expert Witness Testimony and Evidence
This segment discusses the testimony and evidence of expert witnesses, including foundation, qualifications, hypothethicals, cross-examination, and the expert’s opinion.
Edward W. McNabola, Cogan & McNabola, P.C., Chicago
John M. Stalmack, Bollinger, Ruberry & Garvey, Chicago
 
11:15 a.m. – 12:15 p.m. Other Trial Considerations
This segment offers a comprehensive overview of the various nuances that can make or break a trial’s outcome. Topics include: using progressive videos as demonstrative evidence; wrongful death documentaries; recreating events as evidence; standard objections raised at trial; effectively presenting objections; moving to strike; discussions outside the jury’s presence; offers of proof; avoiding reversible error; waiver of appellate issues; and much more!
  • 11:15 – 11:35 a.m. Demonstrative Evidence
    Gera-Lind Kolarik, Evidence Video, Chicago
  • 11:35 – 11:55 a.m. Trial Objections
    Matthew B. Burke, Heineke & Burke, LLC, Chicago
    Albert E. Durkin, Miroballi, Durkin & Rudin, LLC, Chicago
  • 11:55 a.m. – 12:15 p.m. Preserving the Record for Appeal
    Leslie J. Rosen, Leslie J. Rosen Attorney at Law, Chicago
12:15 – 12:45 p.m. Panel Discussion: Ethical Considerations Regarding the Submission of Evidence and Trial Tactics*
The speakers in this panel presentation examine various hypotheticals as they relate to the applicable Rules of Professional Conduct, including “Candor toward the Tribunal” (Rule 3.3), “Fairness to Opposing Party & Council” (Rule 3.4), and “Truthfulness in Statements to Others” (Rule 4.1).
Karen A. Enright, Winters, Enright, Salzetta & O’Brien, LLC, Chicago
Hon. Thomas V. Lyons II, Circuit Court of Cook County, Chicago
William Yu, Hinshaw & Culberson, LLP, Chicago