Practical Advice: Evidence Admissibility and Foundations in Virginia

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Thursday, February 9, 11:00 a.m. - 1:00 p.m. ET
Learn more about Virginia CLE webcast format
Learn more about Virginia CLE telephone format
Friday, March 17, 11:00 a.m. - 1:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Designation Credit: 2.0 Trial Practice/Litigation (Designations Information)
VIDC Re-Certification Credit: 2.0 Misdeameanor/Felony (VIDC Information)
Registration Fee: Live on Site: $159
Webcast: $159
Telephone: $179

Information

Why Attend?

  • Explore major evidentiary issues in civil and criminal trials
  • Understand the rules most encountered at trial and how best to employ them

Many factors can affect the outcome of a case, but often it comes down to the evidence, or more specifically, the rules of evidence. Knowing the rules is essential to counsel’s ability to assess the value of a case, form pretrial strategies, and present your client’s case to a judge or jury. That is why trial lawyers develop a playbook for admitting evidence and laying foundations. These valuable strategies should be second nature to any litigator. This program will focus on the most common techniques that every lawyer should be able to use effectively in civil and criminal cases to introduce or exclude evidence.

Topics will include:

  • Hearsay—what does it mean to say evidence is not “offered for the truth,” and foundations supporting the common exceptions
  • Laying an evidentiary foundation with witnesses
  • Foundations for impeachment of a witness
  • How to bolster your own witness before impeachment
  • How to get an email or text message into evidence without calling someone from a cell phone company or email service to testify
  • Foundations for expert witness testimony
  • Authentication of business writings
  • Authentication of oral statements such as: testimony by voice print or sound spectrography expert, caller identification, lay opinion testimony of a witness familiar with the speaker's voice, and the telephone directory doctrine
  • Laying a foundation for the admissibility of voice recordings
  • Options when evidence is excluded
  • How to challenge your opponent’s lack of proper foundation with voir dire of a witness and a motion to strike

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Click here for details about the Virginia CLE® COVID-19 policy. Please revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

 

Discounts available for Virginia CLE webcast-telephone-live seminars Follow link to learn about the Virginia CLE Online Bundle with savings up to 45% Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about discount for New Virginia Lawyers (first 3 years) Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about coupons for lawyers in First Year in Virginia practice Follow link to learn about Government Employee discount Follow link to learn about Legal Aid discount

Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (February 9) (Eastern Time)

11:00 Practical Advice: Evidence Admissibility and Foundations in Virginia
1:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 10:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (March 17) (Eastern Time)

11:00 Practical Advice: Evidence Admissibility and Foundations in Virginia
1:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

ABOUT THE SPEAKERS

James Abrenio, Abrenio Law / Fairfax

James Abrenio completed his undergraduate studies at the University of Virginia and earned his law degree from Syracuse University College of Law. Since finishing school, in 2008, he has been a trial attorney in Northern Virginia, practicing criminal defense and personal injury. Currently, Mr. Abrenio owns his own law firm, Abrenio Law. Prior to that, he worked at two private firms and served as an Assistant Public Defender for Loudoun County.

Recently, Mr. Abrenio served as a Citizen Member for the Virginia Redistricting Commission. He was also appointed to be a Citizen Member on the Joint Subcommittee to Study Barrier Crimes & Criminal History Checks. Mr. Abrenio is a Board Member of the Asian Pacific Bar Association of Virginia. He is also a member of the 2019 Class of the Sorensen Institute for Political Leadership.

R. Lee Livingston, Livingston Law Group, PLLC / Charlottesville

Lee Livingston practices civil litigation, personal injury law, medical malpractice, and defamation law at his firm, Livingston Law Group, PLLC. He served as president of the Virginia Trial Lawyers Association in 2017-2018. He is former chair of the Virginia State Bar Litigation Section Board of Governors and the Virginia State Bar Mandatory Continuing Legal Education Board. He is a fellow in the Virginia Law Foundation.

Mr. Livingston teaches Trial Advocacy and Professional Liability Law at the University of Virginia School of Law. He is co-author of Evidence for the Trial Lawyer, a Matthew-Bender (Lexis) publication. He has served on the Virginia Supreme Court’s Appellate Rules Advisory Committee and Electronic Filing Study Committee, and the Virginia Model Jury Instructions Committee. He is a member of the Boyd-Graves Conference and chairs its evidence committee.

Mr. Livingston is listed in Best Lawyers in America and was named Lawyer of the Year—2012 and 2021 Medical Malpractice, and Lawyer of the Year—2015, 2017, 2019, and 2021 Personal Injury, Charlottesville, Virginia. He is "AV-preeminent" rated by Martindale Hubbell, and he has been honored for selection by Richmond magazine as a top 100 Virginia "Super Lawyer" and a top 50 "Super Lawyer" in Richmond, Virginia. He was awarded the Professor W. McKinley Smiley Jr. Lighthouse Award by the Southern Trial Lawyers Association in 2019.

Locations, Dates and Fees

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