Rules of Evidence in Virginia: Presumptions, Relevancy, Character Trait Proof, and Best Evidence

The Most Cited, Most Complex, and Perhaps the Most Confusing Rules Are Covered. This presentation will address the most cited rules of evidence (relevancy), the most complex (the best evidence rule), and perhaps the most confusing (presumptions).

Both Civil and Criminal Practice Areas Are Covered. Our experienced faculty includes a civil practitioner and a criminal practitioner. Each will explain the rules applicable within their specific practice areas. Civil practitioners will learn about the rules regarding habit and routine, negotiations, and insurance. Criminal practitioners will learn about “rape shield” law and the admissibility of evidence of similar crimes in child sexual offense cases.

Making and Meeting Objections. The definition of “relevant evidence” and basic principles of when relevant evidence is admissible and inadmissible will be discussed in a way to prepare practitioners to make or meet objections with the most persuasive and compelling foot forward.

Excluding Misleading or Confusing Evidence. The faculty will also examine the best strategies to exclude misleading or confusing evidence.

Handling Character Evidence. Attendees will also explore nuances with character evidence, including “prior bad acts” and how to prove character traits.

Applying the Best Evidence Rule to Electronic Evidence and AI-Generated Information. Finally, this program will cover the best evidence rule and its application to electronic evidence. Do not get left behind on how this rule applies to modern texts and AI-generated information.

BONUS FOR THOSE ATTENDING IN PERSON: Those attending in person in Charlottesville will have the option of choosing to receive the A Guide to the Rules of Evidence in Virginia handbook in print or as an e-book.

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.

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $113 for the A Guide to the Rules of Evidence in Virginia handbook 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.

Inclement Weather Policy and Updates.

COURSE SCHEDULE (August 17) (Eastern Time)

• Sign-in for live seminar attendees in Charlottesville begins at 11:30 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.

FACULTY

R. Lee Livingston, Livingston Law Group, PLLC / Charlottesville
Catherine French Zagurskie, Virginia Indigent Defense Commission / Richmond

ABOUT THE SPEAKERS

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.

Catherine French Zagurskie, Virginia Indigent Defense Commission / Richmond

Catherine French Zagurskie is Chief Appellate Counsel for the Virginia Indigent Defense Commission (VIDC). She leads the VIDC’s appellate cohort, a dedicated group of public defenders who focus on direct appeals. She has argued numerous writ and merit cases before the Court of Appeals of Virginia and the Supreme Court of Virginia, with victories in both appellate courts. Ms. Zagurskie has presented on appellate topics at various programs, including a three-part webinar series for the National Association of Criminal Defense Lawyers, three times at the Annual Indigent Criminal Defense Advanced Skills for the Experienced Practitioner and the Virginia State Bar’s Annual Criminal Law Seminar. She is also an adjunct professor at the University of Richmond School of Law.

Prior to her current position at the VIDC, Ms. Zagurskie was a Supervising Public Defender at the Richmond Public Defender’s Office.

Ms. Zagurskie earned a J.D., summa cum laude, and graduated Order of the Coif from Case Western Reserve University. She also holds an M.S. in Social Administration from Case Western Reserve University. She graduated with a B.A., magna cum laude and Phi Beta Kappa, from Smith College.