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Modern Trial Skills: How to Lay a Foundation, Avoid Hearsay, and Get Business Records, Social Media, and other ESI Into Evidence at Trial (2025 Edition)

2025-02-07 13:00:00

2025-02-07 13:00:00

2 Credits

Master evidence foundations, hearsay exceptions, and authentication techniques for admitting business records, social media, and ESI at trial.

2025-02-07 13:00:00

Master evidence foundations, hearsay exceptions, and authentication techniques for admitting business records, social media, and ESI at trial.

2025-02-07 13:00:00

1000+

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the five foundational elements for evidence admission (OPRAH: Original Document Rule, Privilege, Relevance, Authenticity, Hearsay) and practical techniques for introducing digital evidence.

What will you gain

Attorneys will gain practical examination scripts and strategies for authenticating business records, emails, text messages, social media posts, and other electronically stored information.

Foundation Elements
Master the five OPRAH elements required for evidence admission at trial.
Hearsay Navigation
Apply hearsay exclusions and exceptions, including the business records exception.
ESI Authentication
Authenticate electronically stored information using Rules 901 and 902 pathways.
Social Media
Establish attribution and chain of custody for social media evidence.
Text Messages
Use screenshots and distinctive characteristics to authenticate text message evidence.
Business Records
Lay foundation showing records were created contemporaneously in regular business course.

What will you learn

Attorneys will learn the five foundational elements for evidence admission (OPRAH: Original Document Rule, Privilege, Relevance, Authenticity, Hearsay) and practical techniques for introducing digital evidence.

What will you gain

Attorneys will gain practical examination scripts and strategies for authenticating business records, emails, text messages, social media posts, and other electronically stored information.

Agenda

Session 1

Laying the Foundation for Evidence Admission at Trial

Session 2

Navigating the Rule Against Hearsay in Court

Session 3

Admitting Business Records into Evidence Effectively

Break

Break

Session 4

Presenting Social Media Evidence in Court Proceedings

Session 5

Admitting Electronically Stored Information and Digital Evidence

Session 6

Trial Strategies for Modern Evidence and Key Takeaways

clock 1:00 pm - 1:20 pm EST

Laying the Foundation for Evidence Admission at Trial

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This session covers the essential pre-foundational requirements of witness competence and evidence identification, followed by the five foundational elements remembered by the acronym OPRAH: Original Document Rule, Privilege, Relevance, Authenticity, and Hearsay. Attendees will learn strategic considerations for using single versus multiple witnesses and leveraging cross-examination to efficiently establish foundation.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 1:20 pm - 1:40 pm EST

Navigating the Rule Against Hearsay in Court

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This session provides a comprehensive breakdown of hearsay analysis, including the three core elements: whether something is a statement, whether it was made out of court, and whether it’s offered for truth. Participants will explore critical non-hearsay purposes such as state of mind, legal significance, and effect on listener, plus learn to distinguish between hearsay exclusions and exceptions.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 1:40 pm - 2:00 pm EST

Admitting Business Records into Evidence Effectively

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This session focuses on the business records exception under Rule 803(6), one of the most commonly used hearsay exceptions in commercial litigation. Attendees will master the foundational elements required to admit ledgers, financial statements, reports, and other business documents, including contemporaneity, regular course of business, and regular practice requirements.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 2:00 pm - 2:10 pm EST

Break

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

A short break to refresh before continuing with the afternoon sessions on digital evidence and modern trial strategies.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 2:10 pm - 2:25 pm EST

Presenting Social Media Evidence in Court Proceedings

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This session addresses the unique challenges of authenticating social media posts from platforms like Facebook, Instagram, and TikTok. Participants will learn how to establish both the genuineness of printouts and attribution to specific individuals while addressing concerns about hacking and impersonation.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 2:25 pm - 2:50 pm EST

Admitting Electronically Stored Information and Digital Evidence

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This comprehensive session covers authentication paths for ESI including photographs, videos, emails, and text messages under Rules 901(b) and 902. Attendees will explore self-authentication through certification, judicial notice of ESI, and practical techniques for presenting digital evidence effectively at trial.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

clock 2:50 pm - 3:10 pm EST

Trial Strategies for Modern Evidence and Key Takeaways

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

This concluding session synthesizes practical strategies for handling modern evidence, from choosing efficient authentication paths to using strategic stipulations. Participants will receive actionable tips for business records, ESI, text messages, and social media that can be immediately applied in their trial practice.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

01 07
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider is a trial attorney focusing on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions.

Education & Credentials

B.A. degree, cum laude, from Northeastern University; J.D. degree from Georgetown University Law Center

Experience

Has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations. In a recent three-week trial in Massachusetts Superior Court, obtained a million-dollar judgment for his client, including an award of attorney's fees, which was recently upheld on appeal.

Nicholas Schneider

Eckert Seamans Cherin & Mellott, LLC

Nicholas Schneider is a trial attorney focusing on complex commercial disputes involving breach of contract, breach of fiduciary duty, business torts, employment disputes, misappropriation of trade secrets, copyright infringement, unfair competition, real estate disputes, and class actions.

Education & Credentials

B.A. degree, cum laude, from Northeastern University; J.D. degree from Georgetown University Law Center

Experience

Has experience representing clients of all sizes, from individuals to Fortune 500 companies, in state and federal trial and appellate courts, arbitrations, and mediations. In a recent three-week trial in Massachusetts Superior Court, obtained a million-dollar judgment for his client, including an award of attorney's fees, which was recently upheld on appeal.

Plans

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Price
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Price varies based
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Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Mastering modern trial skills—including laying proper foundation, navigating hearsay rules, and authenticating ESI—is essential because digital evidence now dominates litigation outcomes.
28%
of legal departments have been fined for late responses or unfulfilled ESI requests according to the 2024 ESI Risk Management & Litigation Readiness Report by Pagefreezer.
$15B
was the global eDiscovery market size in 2023, projected to reach $31.5 billion by 2030 according to Grand View Research industry analysis.
500k+
litigation cases featured social media as key evidence in a single year according to Pagefreezer’s analysis of state and federal court databases.
83%
of law firms now use social networking technology for case investigation and evidence gathering according to recent ABA surveys cited by the American Bar Association.

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